(a) A person who unlawfully causes the death of an unborn child is guilty of the separate offense of murder of an unborn child if the person does any one of the following:
(1) Willfully and maliciously commits an act with the intent to cause the death of the unborn child.
(2) Causes the death of the unborn child in perpetration or attempted perpetration of any of the criminal offenses set forth under G.S. 14-17.
(3) Commits an act causing the death of the unborn child that is inherently dangerous to human life and is done so recklessly and wantonly that it reflects disregard of life.
(b) Penalty. - An offense under:
(1) Subdivision (a)(1) or (a)(2) of this section shall be a Class A felony, and any person who commits such offense shall be punished with imprisonment in the State's prison for life without parole.
(2) Subdivision (a)(3) of this section shall be subject to the same sentence as if the person had been convicted of second degree murder pursuant to G.S. 14-17. (2011-60, s. 2.)
Notes of Decisions
Cited in
4
cases (
3 in the last 5 years), 2013–2025 · leading case:
State v. Simmons (N.C. Ct. App. 2025).
State v. Simmons (N.C. Ct. App. 2025).
· cites it 13× “Finally, assuming Defendant believed the State was proceeding under subsection (1) rather than subsection (2) of Section 14-23.2, it is not reasonably possible Defendant would have sought a plea bargain, as the punishment for a conviction under subsection (1) is the same as a…”
State v. Broom, 736 S.E.2d 802 (N.C. Ct. App. 2013).
· cites it 2× “We note that in 2011, the legislature enacted N.C. Gen. Stat. § 14-23.2 (2011), which provides for the criminal offense of murder of an unborn child and applies only to offenses committed on or after 1 December 2011.”
State v. Monroe (N.C. Ct. App. 2022).
“MONROE 2022-NCCOA-846 Opinion of the Court part, currently reads: (b) A murder other than described in subsection (a) or (a1) of this section or in G.S. 14-23.2 shall be deemed second degree murder.”
Planned Parenthood South Atl. v. Stein (M.D.N.C. 2024).
“If a person “unlawfully causes the death of an unborn child” by “willfully and maliciously commit[ting] an act with the intent to cause the death of the unborn child,” the person can be charged with a Class A felony, facing life in prison without parole.”
— N.C. Gen. Stat. § 14-23.2(a) — 1 case
State v. Simmons (N.C. Ct. App. 2025).
“Finally, assuming Defendant believed the State was proceeding under subsection (1) rather than subsection (2) of Section 14-23.2, it is not reasonably possible Defendant would have sought a plea bargain, as the punishment for a conviction under subsection (1) is the same as a…”
— N.C. Gen. Stat. § 14-23.2(a)(1) — 2 cases
Planned Parenthood South Atl. v. Stein (M.D.N.C. 2024).
“If a person “unlawfully causes the death of an unborn child” by “willfully and maliciously commit[ting] an act with the intent to cause the death of the unborn child,” the person can be charged with a Class A felony, facing life in prison without parole.”
State v. Simmons (N.C. Ct. App. 2025).
“Finally, assuming Defendant believed the State was proceeding under subsection (1) rather than subsection (2) of Section 14-23.2, it is not reasonably possible Defendant would have sought a plea bargain, as the punishment for a conviction under subsection (1) is the same as a…”
— N.C. Gen. Stat. § 14-23.2(a)(2) — 1 case
State v. Simmons (N.C. Ct. App. 2025).
“Finally, assuming Defendant believed the State was proceeding under subsection (1) rather than subsection (2) of Section 14-23.2, it is not reasonably possible Defendant would have sought a plea bargain, as the punishment for a conviction under subsection (1) is the same as a…”
— N.C. Gen. Stat. § 14-23.2(b)(1) — 1 case
State v. Simmons (N.C. Ct. App. 2025).
“Finally, assuming Defendant believed the State was proceeding under subsection (1) rather than subsection (2) of Section 14-23.2, it is not reasonably possible Defendant would have sought a plea bargain, as the punishment for a conviction under subsection (1) is the same as a…”
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