Unborn Victims of Violence Act of 2003
Summary
This bill would establish a separate federal offense for anyone who kills or injures a "child in utero" while committing certain existing federal crimes, such as those involving violence, controlled substances, or military misconduct. Under this law, a person could be charged with two distinct crimes—one for the harm to the pregnant woman and another for the harm to the unborn child—with the second offense carrying the same penalties as if the injury or death had occurred to the mother.
For citizens, the practical impact is that federal prosecutors would have the authority to seek additional criminal charges and punishments in cases where a violent crime results in the loss of or injury to a pregnancy. The bill specifically excludes from prosecution any actions related to consensual abortions, medical treatments for the woman or child, or any actions taken by the pregnant woman herself. While this specific version of the bill (S. 1019) was placed on the Senate calendar in 2003, its provisions were later enacted into law through a nearly identical House version signed in 2004.