• 2012 - Murder of an Unborn Child (Intentionally or Knowingly)
  • K-6.51
    • Homicide
    • Homicide

  • A person who intentionally or knowingly causes the death of an unborn child is guilty of murder of an unborn child.

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota;

     

    2) The Defendant, _______________, intentionally or knowingly caused the death of the unborn child[.][; and]

     

    [3) The Defendant did not act in self-defense.]

     

    DEFINITIONS

     

    * * * * *

     

    NDCC 12.1-17.1-02(1)(a)
    NDCC 12.1-05
    NDCC 12.1-02-02
    NDCC 12.1-17.1-01

     

    State v. Geiser, 2009 ND 36, 763 N.W.2d 469 (recognizing a “person” does not include a pregnant woman under this Chapter 12.1-17.1 and as such a pregnant woman cannot be charged with the crimes under Chapter 12.1-17.1)

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  • Notes: If there is sufficient evidence supporting a claim of self-defense, use bracketed element number 3.