§ 2604. Murder of unborn child.

§ 2604.  Murder of unborn child.

(a)  First degree murder of unborn child.–

(1)  A criminal homicide of an unborn child constitutes first degree murder of an unborn child when it is committed by an intentional killing.

(2)  The penalty for first degree murder of an unborn child shall be imposed in accordance with section 1102(a)(2) (relating to sentence for murder and murder of an unborn child).

(b)  Second degree murder of unborn child.–

(1)  A criminal homicide of an unborn child constitutes second degree murder of an unborn child when it is committed while the defendant was engaged as a principal or an accomplice in the perpetration of a felony.

(2)  The penalty for second degree murder of an unborn child shall be the same as for murder of the second degree.

(c)  Third degree murder of unborn child.–

(1)  All other kinds of murder of an unborn child shall be third degree murder of an unborn child.

(2)  The penalty for third degree murder of an unborn child is the same as the penalty for murder of the third degree.

Cross References.  Section 2604 is referred to in section 2603 of this title; section 9714 of Title 42 (Judiciary and Judicial Procedure).