• 2012 - Murder of an Unborn Child (Extreme Indifference)
  • K-6.52
    • Homicide
    • Homicide

  • A person is guilty of murder of an unborn child if the person willfully causes the death of an unborn child under circumstances manifesting extreme indifference to the value of the life of the unborn child or the pregnant woman.

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota;

     

    2)  The Defendant, ____________, willfully caused the death of the unborn child;

     

    3) Under circumstances manifesting extreme indifference to the value of the life of the unborn child or the pregnant woman[.] [;and]

     

    [4) The Defendant did not act in self-defense.]

     

    * * * * *

     

    NDCC 12.1-17.1-02(1)(b)
    NDCC 12.1-05
    NDCC NDCC 12.1-02-02
    NDCC 12.1-17.1-01

     

    State v. Geiser, 2009 ND 36, 763 N.W.2d 469 (recognizing a “person” does not include a pregnant woman under this Chapter 12.1-17.1 and as such a pregnant woman cannot be charged with the crimes under Chapter 12.1-17.1)

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  • Notes: If there is sufficient evidence supporting a claim of self-defense, use bracketed element number 4.