Infant's protection act--definitions--crime ofinfanticide--penalty--exception--application of law.
565.300. 1. This section shall be known and may be cited as the"Infant's Protection Act".
2. As used in this section, and only in this section, the followingterms shall mean:
(1) "Born", complete separation of an intact child from the motherregardless of whether the umbilical cord is cut or the placenta detached;
(2) "Living infant", a human child, born or partially born, who isalive, as determined in accordance with the usual and customary standardsof medical practice and is not dead as determined pursuant to section194.005, RSMo, relating to the determination of the occurrence of death,and has not attained the age of thirty days post birth;
(3) "Partially born", partial separation of a child from the motherwith the child's head intact with the torso. If vaginally delivered, achild is partially separated from the mother when the head in a cephalicpresentation, or any part of the torso above the navel in a breechpresentation, is outside the mother's external cervical os. If deliveredabdominally, a child is partially separated from the mother when thechild's head in a cephalic presentation, or any part of the torso above thenavel in a breech presentation, is outside the mother's external abdominalwall.
3. A person is guilty of the crime of infanticide if such personcauses the death of a living infant with the purpose to cause said death byan overt act performed when the infant is partially born or born.
4. The crime of infanticide shall be a class A felony.
5. A physician using procedures consistent with the usual andcustomary standards of medical practice to save the life of the motherduring pregnancy or birth or to save the life of any unborn or partiallyborn child of the same pregnancy shall not be criminally responsible underthis section. In no event shall the mother be criminally responsiblepursuant to this section for the acts of the physician if the physician isnot held criminally responsible pursuant to this section.
6. This section shall not apply to any person who performs orattempts to perform a legal abortion if the act that causes the death isperformed prior to the child being partially born, even though the death ofthe child occurs as a result of the abortion after the child is partiallyborn.
7. Only that person who performs the overt act required undersubsection 3 of this section shall be culpable under this section, unless aperson, with the purpose of committing infanticide, does any act which is asubstantial step towards the commission of the offense which results in thedeath of the living infant. A "substantial step" is conduct which isstrongly corroborative of the firmness of the actor's purpose to completethe commission of the offense.
8. Nothing in this section shall be interpreted to exclude thedefenses otherwise available to any person under the law including defensesprovided pursuant to chapters 562 and 563, RSMo.
(L. 1999 H.B. 427, et al.)
Effective 9-16-99
*This bill was vetoed on July 12, 1999. The veto was overridden on September 16, 1999.
(2002) Section does not contain an exception to liability for actions undertaken to preserve the life of the mother, and the culpable mens rea of the physician must begin before performing the procedure rather than during the procedure. State v. Reproductive Health Services, 97 S.W.3d 54 (Mo.App.E.D.).
(2004) Section is unconstitutional due to absence of exception to protect health of the pregnant woman, as enunciated by United States Supreme Court in Stenberg v. Carhart, 530 U.S. 914 (2000). Reproductive Health Services of Planned Parenthood v. Nixon, 325 F.Supp.2d 991 (W.D.Mo.), aff'd., 429 F.3d 803 (8th Cir.).
Infant's protection act--definitions--crime ofinfanticide--penalty--exception--application of law.
565.300. 1. This section shall be known and may be cited as the"Infant's Protection Act".
2. As used in this section, and only in this section, the followingterms shall mean:
(1) "Born", complete separation of an intact child from the motherregardless of whether the umbilical cord is cut or the placenta detached;
(2) "Living infant", a human child, born or partially born, who isalive, as determined in accordance with the usual and customary standardsof medical practice and is not dead as determined pursuant to section194.005, RSMo, relating to the determination of the occurrence of death,and has not attained the age of thirty days post birth;
(3) "Partially born", partial separation of a child from the motherwith the child's head intact with the torso. If vaginally delivered, achild is partially separated from the mother when the head in a cephalicpresentation, or any part of the torso above the navel in a breechpresentation, is outside the mother's external cervical os. If deliveredabdominally, a child is partially separated from the mother when thechild's head in a cephalic presentation, or any part of the torso above thenavel in a breech presentation, is outside the mother's external abdominalwall.
3. A person is guilty of the crime of infanticide if such personcauses the death of a living infant with the purpose to cause said death byan overt act performed when the infant is partially born or born.
4. The crime of infanticide shall be a class A felony.
5. A physician using procedures consistent with the usual andcustomary standards of medical practice to save the life of the motherduring pregnancy or birth or to save the life of any unborn or partiallyborn child of the same pregnancy shall not be criminally responsible underthis section. In no event shall the mother be criminally responsiblepursuant to this section for the acts of the physician if the physician isnot held criminally responsible pursuant to this section.
6. This section shall not apply to any person who performs orattempts to perform a legal abortion if the act that causes the death isperformed prior to the child being partially born, even though the death ofthe child occurs as a result of the abortion after the child is partiallyborn.
7. Only that person who performs the overt act required undersubsection 3 of this section shall be culpable under this section, unless aperson, with the purpose of committing infanticide, does any act which is asubstantial step towards the commission of the offense which results in thedeath of the living infant. A "substantial step" is conduct which isstrongly corroborative of the firmness of the actor's purpose to completethe commission of the offense.
8. Nothing in this section shall be interpreted to exclude thedefenses otherwise available to any person under the law including defensesprovided pursuant to chapters 562 and 563, RSMo.
(L. 1999 H.B. 427, et al.)
Effective 9-16-99
*This bill was vetoed on July 12, 1999. The veto was overridden on September 16, 1999.
(2002) Section does not contain an exception to liability for actions undertaken to preserve the life of the mother, and the culpable mens rea of the physician must begin before performing the procedure rather than during the procedure. State v. Reproductive Health Services, 97 S.W.3d 54 (Mo.App.E.D.).
(2004) Section is unconstitutional due to absence of exception to protect health of the pregnant woman, as enunciated by United States Supreme Court in Stenberg v. Carhart, 530 U.S. 914 (2000). Reproductive Health Services of Planned Parenthood v. Nixon, 325 F.Supp.2d 991 (W.D.Mo.), aff'd., 429 F.3d 803 (8th Cir.).
Infant's protection act--definitions--crime ofinfanticide--penalty--exception--application of law.
565.300. 1. This section shall be known and may be cited as the"Infant's Protection Act".
2. As used in this section, and only in this section, the followingterms shall mean:
(1) "Born", complete separation of an intact child from the motherregardless of whether the umbilical cord is cut or the placenta detached;
(2) "Living infant", a human child, born or partially born, who isalive, as determined in accordance with the usual and customary standardsof medical practice and is not dead as determined pursuant to section194.005, RSMo, relating to the determination of the occurrence of death,and has not attained the age of thirty days post birth;
(3) "Partially born", partial separation of a child from the motherwith the child's head intact with the torso. If vaginally delivered, achild is partially separated from the mother when the head in a cephalicpresentation, or any part of the torso above the navel in a breechpresentation, is outside the mother's external cervical os. If deliveredabdominally, a child is partially separated from the mother when thechild's head in a cephalic presentation, or any part of the torso above thenavel in a breech presentation, is outside the mother's external abdominalwall.
3. A person is guilty of the crime of infanticide if such personcauses the death of a living infant with the purpose to cause said death byan overt act performed when the infant is partially born or born.
4. The crime of infanticide shall be a class A felony.
5. A physician using procedures consistent with the usual andcustomary standards of medical practice to save the life of the motherduring pregnancy or birth or to save the life of any unborn or partiallyborn child of the same pregnancy shall not be criminally responsible underthis section. In no event shall the mother be criminally responsiblepursuant to this section for the acts of the physician if the physician isnot held criminally responsible pursuant to this section.
6. This section shall not apply to any person who performs orattempts to perform a legal abortion if the act that causes the death isperformed prior to the child being partially born, even though the death ofthe child occurs as a result of the abortion after the child is partiallyborn.
7. Only that person who performs the overt act required undersubsection 3 of this section shall be culpable under this section, unless aperson, with the purpose of committing infanticide, does any act which is asubstantial step towards the commission of the offense which results in thedeath of the living infant. A "substantial step" is conduct which isstrongly corroborative of the firmness of the actor's purpose to completethe commission of the offense.
8. Nothing in this section shall be interpreted to exclude thedefenses otherwise available to any person under the law including defensesprovided pursuant to chapters 562 and 563, RSMo.
(L. 1999 H.B. 427, et al.)
Effective 9-16-99
*This bill was vetoed on July 12, 1999. The veto was overridden on September 16, 1999.
(2002) Section does not contain an exception to liability for actions undertaken to preserve the life of the mother, and the culpable mens rea of the physician must begin before performing the procedure rather than during the procedure. State v. Reproductive Health Services, 97 S.W.3d 54 (Mo.App.E.D.).
(2004) Section is unconstitutional due to absence of exception to protect health of the pregnant woman, as enunciated by United States Supreme Court in Stenberg v. Carhart, 530 U.S. 914 (2000). Reproductive Health Services of Planned Parenthood v. Nixon, 325 F.Supp.2d 991 (W.D.Mo.), aff'd., 429 F.3d 803 (8th Cir.).
