CHAPTER 43
FORMERLY
HOUSE BILL NO. 124
AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CERTAIN CRIMES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. This Bill shall be known as the ‘Chelsea Marie/Sharon Act’.
Section 2. Amend Section 222(23) of Title 11 of the Delaware Code by striking the “.” which appears at the end of said subsection, and by inserting in lieu thereof the following:
“, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female.”
Section 3. Amend Title 11 of the Delaware Code by adding thereto a new section to be denominated as Section 605, to read as follows:
Ҥ 605. Abuse of a pregnant female in the second degree; class C felony.
(a) A person is guilty of abuse of a pregnant female in the second degree when in the course of or in furtherance of the commission or attempted commission of assault third degree or any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person recklessly and without her consent causes the unlawful termination of her pregnancy.
(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code.
(d) Abuse of a pregnant female in the second degree is a class C felony.:
Section 4. Amend Title 11 of the Delaware Code by adding thereto a new section to be denominated as Section 606, to read as follows:
“§ 606. Abuse of a pregnant female in the first degree; class B felony.”
(a) A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission or attempted commission of assault third degree any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person intentionally and without her consent causes the unlawful termination of her pregnancy.
(b) It is no defense to a prosecution under this section that the person was unaware that the victim was pregnant.
(c) Prosecution under this section does not preclude prosecution under any other section of the Delaware Code.
(d) Abuse of a pregnant female in the first degree is a class B felony.”
Section 5. Amend Section 612(a) of Title 11 of the Delaware Code by adding a new paragraph to said subsection, said new paragraph to be designated as paragraph “(10)”, to read as follows:
“(10) The person recklessly or intentionally causes physical injury to a pregnant female. It is no defense to a prosecution under this subsection that the person was unaware that the victim was pregnant.”
Section 6. Amend Section 4201(c) Title 11 of the Delaware Code by inserting between the phrases “604 Reckless Endangering in the First Degree” and “612 Assault in the Second Degree” as they appear therein the following:
Ҥ 605. Abuse of a Pregnant Female in the Second Degree.
§ 606. Abuse of a Pregnant Female in the First Degree”.
Section 7. Amend Section 4214(b) of Title 11 of the Delaware Code by inserting between the phrases “783A Kidnapping in the first degree: and “§ 613 Assault in the first degree” as they appear in the second paragraph of said subsection the following:
“§ 606. Abuse of a Pregnant Female in the First Degree”.