10 U.S.C. § 919a : US Code - Section 919A: Art. 119a. Death or injury of an unborn child

Search 10 U.S.C. § 919a : US Code - Section 919A: Art. 119a. Death or injury of an unborn child

(a)(1) Any person subject to this chapter who engages in conduct
that violates any of the provisions of law listed in subsection (b)
and thereby causes the death of, or bodily injury (as defined in
section 1365 of title 18) to, a child, who is in utero at the time
the conduct takes place, is guilty of a separate offense under this
section and shall, upon conviction, be punished by such punishment,
other than death, as a court-martial may direct, which shall be
consistent with the punishments prescribed by the President for
that conduct had that injury or death occurred to the unborn
child's mother.
(2) An offense under this section does not require proof that -
(i) the person engaging in the conduct had knowledge or should
have had knowledge that the victim of the underlying offense was
pregnant; or
(ii) the accused intended to cause the death of, or bodily
injury to, the unborn child.
(3) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall,
instead of being punished under paragraph (1), be punished as
provided under sections 880, 918, and 919(a) of this title
(articles 80, 118, and 119(a)) for intentionally killing or
attempting to kill a human being.
(4) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
(b) The provisions referred to in subsection (a) are sections
918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this
title (articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and
128).
(c) Nothing in this section shall be construed to permit the
prosecution -
(1) of any person for conduct relating to an abortion for which
the consent of the pregnant woman, or a person authorized by law
to act on her behalf, has been obtained or for which such consent
is implied by law;
(2) of any person for any medical treatment of the pregnant
woman or her unborn child; or
(3) of any woman with respect to her unborn child.
(d) In this section, the term "unborn child" means a child in
utero, and the term "child in utero" or "child, who is in utero"
means a member of the species homo sapiens, at any stage of
development, who is carried in the womb.