§32.7.  Second degree feticide

A.  Second degree feticide is:

(1)  The killing of an unborn child which would be first degree feticide, but the offense is committed in sudden passion or heat of blood immediately caused by provocation of the mother of the unborn child sufficient to deprive an average person of his self control and cool reflection.  Provocation shall not reduce a first degree feticide to second degree feticide if the jury finds that the offender's blood had actually cooled, or that an average person's blood would have cooled, at the time the offense was committed.  

(2)  A feticide committed without any intent to cause death or great bodily harm:

(a)  When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Article 32.6 (first degree feticide), or of any intentional misdemeanor directly affecting the person; or

(b)  When the offender is resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be first degree feticide under Article 32.6.  

B.  Whoever commits the crime of second degree feticide shall be imprisoned at hard labor for not more than ten years.  

Acts 1989, No. 777, §1.