§ 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).
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 2015–2024 · leading case:
Commonwealth v. Haynes, 125 A.3d 800 (Pa. Super. Ct. 2015).
Commonwealth v. Haynes, 125 A.3d 800 (Pa. Super. Ct. 2015).
· cites it 2× “18 Pa.C.S. § 2604(c). The Commonwealth argues that the trial court erred in not imposing a life sentence and cites to Commonwealth v.”
Commonwealth v. Becker, 192 A.3d 106 (Pa. Super. Ct. 2018).
“§ 2503(a), and third-degree murder of an unborn child, 18 Pa.C.S. § 2604(c). The jury was instructed that both charges require malice, but the first-degree murder conviction required proof that Appellant specifically intended to kill Walsh.”
Commonwealth v. Griffin, 149 A.3d 349 (Pa. Super. Ct. 2016).
“§ 2606 (relating to aggravated assault of unborn ' child), aggravated assault as defined in 18 Pa. C.S. § 2702(a)(1) or (2) (relating to aggravated assault), assault of law enforcement officer as defined in 18-Pa.”
Commonwealth v. Griffin, 207 A.3d 827 (Pa. 2019).
· cites it 2× “§ 2507(c) or (d) (relating to criminal homicide of law enforcement officer), murder of the third degree involving an unborn child as defined in 18 Pa.C.S. § 2604(c) (relating to murder of unborn child), aggravated assault of an unborn child as defined in 18 Pa.”
Commonwealth v. Dischman, 195 A.3d 567 (Pa. Super. Ct. 2018).
“Section 2606(a) provides that a "person commits aggravated assault of an unborn child if he attempts to cause serious bodily injury to the unborn child or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the life…”
T.M. Fleming v. PBPP (Pa. Commw. Ct. 2021).
“§ 2507(c) or (d) (relating to criminal homicide of law enforcement officer), murder of the third degree involving an unborn child as defined in 18 Pa.C.S. § 2604(c) (relating to murder of unborn child), aggravated assault of an unborn child as defined in 18 Pa.”
A. Livingston v. PPB (Pa. Commw. Ct. 2024).
“§ 2507(c) or (d) (relating to criminal homicide of law enforcement officer), murder of the third degree involving an unborn child as defined in 18 Pa.C.S. § 2604(c) (relating to murder of unborn child), aggravated assault of an unborn child as defined in 18 Pa.”
Brown v. Garmon (W.D. Pa. 2019).
“§ 2501(a)) and two counts of Criminal Homicide of an Unborn 1 Child (18 Pa. C.S. § 2604) in connection with the deaths of Tiffany Griffin and her unborn twins.”
Com. v. Arvelo, T. (Pa. Super. Ct. 2015).
“§ 2507(c) or (d) (relating to criminal homicide of law enforcement officer), murder of the third degree involving an unborn child as defined in 18 Pa.C.S. § 2604(c) (relating to murder of unborn child), aggravated assault of an unborn child -6- J-S02043-15 as defined in 18 Pa.”
— 18 Pa. Cons. Stat. § 2604(c) — 8 cases
Commonwealth v. Haynes, 125 A.3d 800 (Pa. Super. Ct. 2015).
“18 Pa.C.S. § 2604(c). The Commonwealth argues that the trial court erred in not imposing a life sentence and cites to Commonwealth v.”
Commonwealth v. Becker, 192 A.3d 106 (Pa. Super. Ct. 2018).
“§ 2503(a), and third-degree murder of an unborn child, 18 Pa.C.S. § 2604(c). The jury was instructed that both charges require malice, but the first-degree murder conviction required proof that Appellant specifically intended to kill Walsh.”
Commonwealth v. Griffin, 149 A.3d 349 (Pa. Super. Ct. 2016).
“§ 2606 (relating to aggravated assault of unborn ' child), aggravated assault as defined in 18 Pa. C.S. § 2702(a)(1) or (2) (relating to aggravated assault), assault of law enforcement officer as defined in 18-Pa.”
Commonwealth v. Griffin, 207 A.3d 827 (Pa. 2019).
“§ 2507(c) or (d) (relating to criminal homicide of law enforcement officer), murder of the third degree involving an unborn child as defined in 18 Pa.C.S. § 2604(c) (relating to murder of unborn child), aggravated assault of an unborn child as defined in 18 Pa.”
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