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(720 ILCS 5/9-1.2)
(from Ch. 38, par. 9-1.2)
Intentional homicide of an unborn child.
(a) A person
commits the offense of intentional homicide of an unborn child if, in
performing acts which cause the death of an unborn child, he without lawful
(1) either intended to cause the death of or do great
bodily harm to the pregnant individual or unborn child or knew that such acts would cause death or great bodily harm to the pregnant individual or unborn child; or
(2) knew that his acts created a strong probability
of death or great bodily harm to the pregnant individual or unborn child; and
(3) knew that the individual was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from the implantation of an embryo until birth, and (2)
"person" shall not include the pregnant woman whose unborn child is killed.
(c) This Section shall not apply to acts which cause the death of an
unborn child if those acts were committed during any abortion, as defined
in Section 1-10 of the Reproductive Health Act, to which the
pregnant individual has consented. This Section shall not apply to acts which
were committed pursuant to usual and customary standards of medical
practice during diagnostic testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an unborn child
shall be the same as for first degree murder, except that:
(1) the death penalty may not be imposed;
(2) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
(4) if, during the commission of the offense, the
person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to prohibit the
prosecution of any person under any other provision of law.
(Source: P.A. 101-13, eff. 6-12-19.)