Current through the 2024 Fourth Special Session
Section 76-5-201 - Criminal homicide - Designations of offenses - Exceptions - Application of consensual altercation defense(1)(a) As used in this section: (i) "Abortion" means the same as that term is defined in Section 76-7-301.(ii) "Criminal homicide" means an act causing the death of another human being, including an unborn child at any stage of the unborn child's development.(b) The terms defined in Section 76-1-101.5 apply to this section.(2) The following are criminal homicide: (d) child abuse homicide;(f) negligent homicide; and(3) Notwithstanding Subsection (2), an actor is not guilty of criminal homicide if:(a) the death of an unborn child is caused by an abortion;(b) the sole reason for the death of an unborn child is that the actor:(i) refused to consent to:(A) medical treatment; or(B) a cesarean section; or(ii) failed to follow medical advice; or(c) a woman causes the death of her own unborn child, and the death: (i) is caused by a criminally negligent act or reckless act of the woman; and(ii) is not caused by an intentional or knowing act of the woman.(4) The provisions governing a defense of a consensual altercation as described in Section 76-5-104 apply to this part.Amended by Chapter 153, 2024 General Session ,§ 9, eff. 5/1/2024.Amended by Chapter 181, 2022 General Session ,§ 51, eff. 5/4/2022.Amended by Chapter 116, 2022 General Session ,§ 30, eff. 5/4/2022, coordinating clause.Amended by Chapter 116, 2022 General Session ,§ 21, eff. 5/4/2022.Amended by Chapter 13, 2010 General Session.