(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.
(P.A. 03-21, S. 1.)
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 C. 622.
Notes of Decisions
Cited in
2
cases (
1 in the last 5 years), 2010–2025 · leading case:
State v. Courchesne, 998 A.2d 1 (Conn. 2010).
State v. Courchesne, 998 A.2d 1 (Conn. 2010).
· cites it 19× “OS-21), entitled “An Act Concerning Assault of a Pregnant Woman,” which is codified as amended at General Statutes § 53a-59c. Public Act 03-21 provides in relevant part: “(a) A person is guilty of assault of a pregnant woman resulting in termination of pregnancy when such person…”
State v. Sharpe (Concurrence & Dissent) (Conn. 2025).
· cites it 2× “For example, individuals arrested for the following crimes need not submit to DNA extraction and testing: sexual assault in the second degree; General Statutes § 53a-71; assault of a Department of Correction employee in the first degree; General Statutes § 53a- 59b; assault of a…”
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