21-5419.
Application of certain crimes to an unborn child.
(a) As used in this section:
(1) "Abortion" means an abortion as defined by K.S.A. 65-6701, and amendments thereto; and
(2) "unborn child" means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth.
(b) This section shall not apply to:
(1) Any act committed by the mother of the unborn child;
(2) any medical procedure, including abortion, performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian; or
(3) the lawful dispensation or administration of lawfully prescribed medication.
(c) As used in K.S.A. 21-5401, 21-5402, 21-5403, 21-5404, 21-5405, 21-5406 and subsections (a) and (b) of 21-5413, and amendments thereto, "person" and "human being" also mean an unborn child.
(d) This section shall be known as Alexa's law.
History:
L. 2010, ch. 136, § 54; July 1, 2011.
Notes of Decisions
State v. Cott, 464 P.3d 323 (Kan. 2020).
“See K.S.A. 2019 Supp. 21-5419(c). Ronald Evans was Cott's appointed counsel from early February 2010 through the time that he eventually entered guilty pleas.”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
“§§ 35-42-1-1(4) (murder), 35-42-1-3(a) (2) (voluntary manslaughter), 35-42-l-4(b), (d) (involuntary manslaughter) (2011)); Kan. Stat. Ann. § 21-5419 (Supp.2011); Ky.”
Castro v. Melchor, 366 P.3d 1058 (Haw. App. 2016).
“”), superseded by statute, Kan. Stat. Ann. § 21-5419 (Westlaw 2015); State v.”
United States v. Adams, 40 F.4th 1162 (10th Cir. 2022).
· cites it 5× “” Kan. Stat. Ann. § 21-5419 (c). The term unborn child is itself defined as “a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth.”
State v. Seba (Kan. 2016).
· cites it 5× “Under the facts of this case, the transferred intent doctrine provided sufficient evidence to support convictions for both the death of a pregnant unintended victim and, 1 under K.S.A. 2015 Supp. 21-5419, the death of her "unborn child," and the district court properly…”
State v. Bollig (Kan. Ct. App. 2020).
“See K.S.A. 2019 Supp. 21-5419 ("unborn child" within definition of "person" as used in statutes criminalizing various degrees of homicide, including first-degree murder).”
State v. Bollig (Kan. Ct. App. 2020).
“See K.S.A. 2019 Supp. 21-5419 ("unborn child" within definition of "person" as used in statutes criminalizing various degrees of homicide, including first-degree murder).”
State v. Green (Kan. 2022).
“21-5401 and K.S.A. 2020 Supp. 21-5419. On August 7, 2019, the State filed an amended complaint, charging Green with two counts of premeditated murder.”
State v. Green (Kan. 2022).
“21-5401 and K.S.A. 2020 Supp. 21-5419. On August 7, 2019, the State filed an amended complaint, charging Green with two counts of premeditated murder.”
— K.S.A. § 21-5419(a)(2) — 1 case
State v. Seba (Kan. 2016).
“Under the facts of this case, the transferred intent doctrine provided sufficient evidence to support convictions for both the death of a pregnant unintended victim and, 1 under K.S.A. 2015 Supp. 21-5419, the death of her "unborn child," and the district court properly…”
— K.S.A. § 21-5419(c) — 3 cases
State v. Cott, 464 P.3d 323 (Kan. 2020).
“See K.S.A. 2019 Supp. 21-5419(c). Ronald Evans was Cott's appointed counsel from early February 2010 through the time that he eventually entered guilty pleas.”
State v. Seba (Kan. 2016).
“Under the facts of this case, the transferred intent doctrine provided sufficient evidence to support convictions for both the death of a pregnant unintended victim and, 1 under K.S.A. 2015 Supp. 21-5419, the death of her "unborn child," and the district court properly…”
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