An Indiana bill is proposing a measure that would allow prosecutors to bring murder charges against individuals involved in receiving or performing an abortion.
House Bill 1334 aims to modify Indiana’s criminal code, introducing a provision that recognizes an “unborn child” as a potential victim of a murder. Additionally, the bill eliminates specific language that previously exempted certain abortions from being classified as murder. As a result, juveniles who undergo an abortion or are involved in the termination of a pregnancy may now face the possibility of being tried as adults for the crime of murder.
An unborn child encompasses any fertilized egg, which would effectively prohibit various fertility and IVF procedures.
The bill includes exceptions in cases where the fetus perishes during a life-saving treatment for the mother, and medical personnel made efforts to save the fetus too. It also clarifies that spontaneous miscarriages are not considered murder.
The bill also modifies the Indiana code to include “unborn children” as potential victims of battery.
If an “unborn child” is harmed, a parent would have the right to file a lawsuit against the responsible person for damages, treating the situation as if the child had already been born.
According to Indiana code, if an individual commits murder against a person who is under the age of 12, a prosecutor has the option to pursue the death penalty. However, there is a debate regarding the implications of the modifications introduced under HB 1334 and whether they could potentially allow a prosecutor to seek the death penalty in cases involving the death of a fetus.
Rep. Lorissa Sweet (R-District 50) is the author of the bill, with Rep. Lindsay Patterson (R-District 55) and Rep. Zach Payne (R-District 66) serving as co-authors.
The Courts and Criminal Code committee has received the bill, but it has not yet been scheduled for a hearing.