§ 2-103. Murder or manslaughter of viable fetus.

   (a) "Viable" defined. -- For purposes of a prosecution under this title, "viable" has the meaning stated in § 20-209 of the Health - General Article.

(b) Prosecution authorized. -- Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.

(c) Intent. -- A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:

   (1) intended to cause the death of the viable fetus;

   (2) intended to cause serious physical injury to the viable fetus; or

   (3) wantonly or recklessly disregarded the likelihood that the person's actions would cause the death of or serious physical injury to the viable fetus.

(d) Inapplicable to termination of pregnancy. -- Nothing in this section applies to or infringes on a woman's right to terminate a pregnancy as stated in § 20-209 of the Health - General Article.

(e) Inapplicable to medical professionals administering lawful care. -- Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.

(f) Inapplicable to actions of woman carrying fetus. -- Nothing in this section applies to an act or failure to act of a pregnant woman with regard to her own fetus.

(g) Section does not confer personhood on fetus. -- Nothing in this section shall be construed to confer personhood or any rights on the fetus.

HISTORY: 2005, ch. 546; 2013, ch. 156, § 3.