• 2012 - Negligent Homicide of an Unborn Child
  • K-6.80
    • Homicide

  • [If you find the Defendant not guilty of the crime of manslaughter of an unborn child, then you must consider whether the Defendant is guilty of the crime of negligent homicide of an unborn child, an offense that is necessarily included in the offense charged.]

     

    A person who negligently causes the death of an unborn child is guilty of negligent homicide of an unborn child.

     

    ESSENTIAL ELEMENTS OF INCLUDED 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, _____________, negligently caused the death of an unborn child[.][;and]

     

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


    * * * * *

    NDCC 12.1-17.1-04
    NDCC 12.1-16-03
    NDCC 12.1-02-02
    NDCC 12.1-17.1-01

     

    State v. Leidholm, 334 NW2d 811 (ND 1983)

    State v. Schlickenmayer, 334 NW2d 195 (ND 1983)

    State v. Skjonsby, 319 NW2d 764 (ND 1982)

    State v. Geiser, 2009 ND 36, 763 N.W.2d 469 (recognizing a “person” does not include a pregnant woman 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: Negligent Homicide is not limited to motor vehicle homicides; it covers any homicide caused "negligently." The bracketed language of the first paragraph should be omitted if the Defendant is not charged with manslaughter of an unborn child. If there is sufficient evidence supporting a claim of self-defense, use bracketed element number 3.