SUBPART A-1. FETICIDE

§32.5. Feticide defined; exceptions

           A. Feticide is the killing of an unborn child by the act, procurement, or culpable omission of a person other than the mother of the unborn child. The offense of feticide shall not include acts which cause the death of an unborn child if those acts were committed during any abortion to which the pregnant woman or her legal guardian has consented or which was performed in an emergency as defined in R.S. 40:1061.23. Nor shall the offense of feticide include acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.

           B. Criminal feticide is of three grades:

           (1) First degree feticide.

           (2) Second degree feticide.

           (3) Third degree feticide.

           Acts 1989, No. 777, §1.