Delaware General Assembly

Signed 6/10/99

The General Assembly has ended, the current status is the final status.

3/23/99

Oberle

Reps. Spence, Welch, Hudson, Ewing, Maier, Miro, Wagner, Gilligan, VanSant, Ennis, Caulk, DiPinto, Ulbrich, Cloutier, Valihura, Buckworth, Scott, Viola, Price, Keeley
Sen. Blevins, Winslow

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CERTAIN CRIMES.

The criminal codes of more than half of the states in the United States provide for additional or enhanced penalties when a pregnant woman suffers a miscarriage or stillbirth as the consequence of an assault or violent felony which is perpetrated against her, Delaware's Criminal Code does not do so. This Act remedies this deficiency in our laws by creating two new felonies entitled Abuse of a Pregnant Female in the First and Second Degree. They will be applicable when a defendant, during the course of or in furtherance of the commission of assault third degree or any violent felony, intentionally or recklessly causes the unlawful termination of the victim's pregnancy without her consent. These new crimes will be charged in addition to any other relevant criminal offenses which currently exist. The Act also makes a reckless or intentional assault upon a pregnant woman which causes physical injury a felony, and it specifies that physical injury inflicted upon a pregnant female which causes a miscarriage or stillbirth without her consent constitutes serious physical injury.

72:43

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Takes effect upon being signed into law

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