Section 53a-59c - Assault of a pregnant woman resulting in termination of pregnancy: Class A felony(a) A person is guilty of assault of a pregnant woman resulting in termination of pregnancy when such person commits assault in the first degree as provided under subdivision (1) of subsection (a) of section 53a-59 and (1) the victim of such assault is pregnant, and (2) such assault results in the termination of pregnancy that does not result in a live birth.(b) In any prosecution for an offense under this section, it shall be an affirmative defense that the actor, at the time such actor engaged in the conduct constituting the offense, did not know that the victim was pregnant.(c) Assault of a pregnant woman resulting in termination of pregnancy is a class A felony.Conn. Gen. Stat. § 53a-59c
Only logical explanation for legislative decision to limit scope of section to fetuses that are not born alive is that legislature was well aware of the applicability of the born alive rule to infants who suffer injuries in utero but who are born alive and then die from those injuries; enactment of section reflects decision of legislature to reaffirm the applicability of the born alive rule rather than to abrogate it. 296 Conn. 622.