§ 2608. Nonliability and defenses.
(a) Nonliability.--Nothing in this chapter shall impose criminal liability:
(1) For acts committed during any abortion or attempted abortion, whether lawful or unlawful,
in which the pregnant woman cooperated or consented.
(2) For the consensual or good faith performance of medical practice, including medical
procedures, diagnostic testing or therapeutic treatment, the use of an intrauterine
device or birth control pill to inhibit or prevent ovulation, fertilization or the
implantation of a fertilized ovum within the uterus.
(3) Upon the pregnant woman in regard to crimes against her unborn child.
(b) Defenses.--In any prosecution pursuant to this chapter, it shall be a defense that:
(1) The use of force that caused death or serious bodily injury to the unborn child would
have been justified pursuant to Chapter 5 (relating to general principles of justification)
if it caused death or serious bodily injury to the mother.
(2) Death or serious bodily injury to the unborn child was caused by the use of force
which would have been justified pursuant to Chapter 5 if the same level of force was
used upon or toward the mother.
Notes of Decisions
Commonwealth v. Bullock, 913 A.2d 207 (Pa. 2006).
· cites it 6× “See 18 Pa.C.S. § 2608(a). Of particular relevance to this appeal are the Act's specifications with regard to voluntary manslaughter: (a) Offense defined.”
Jennie McCormack v. Mark Hiedeman, 694 F.3d 1004 (9th Cir. 2012).
“17(I)(expressly excluding women from liability for post-viability abortions); 18 Pa. Cons.Stat. Ann. § 2608 (exempting pregnant women from liability "in regards to crimes against her unborn child”); Tex.”
Commonwealth v. Dischman, 195 A.3d 567 (Pa. Super. Ct. 2018).
· cites it 6× “18 Pa.C.S. § 2608. Section 2609 states: "The provisions of this chapter shall not be construed to prohibit the prosecution of an offender under any other provision of law.”
Commonwealth v. Pugh, 25 Mass. L. Rptr. 329 (Mass. Super. Ct. 2009).
“See 18 Pa.C.S. §2608(a)(3) (exempting the pregnant woman in regard to crimes against her own unborn child).”
— 18 Pa. Cons. Stat. § 2608(a) — 2 cases
Commonwealth v. Bullock, 913 A.2d 207 (Pa. 2006).
“See 18 Pa.C.S. § 2608(a). Of particular relevance to this appeal are the Act's specifications with regard to voluntary manslaughter: (a) Offense defined.”
Commonwealth v. Dischman, 195 A.3d 567 (Pa. Super. Ct. 2018).
“18 Pa.C.S. § 2608. Section 2609 states: "The provisions of this chapter shall not be construed to prohibit the prosecution of an offender under any other provision of law.”
— 18 Pa. Cons. Stat. § 2608(a)(1) — 2 cases
Commonwealth v. Bullock, 913 A.2d 207 (Pa. 2006).
“See 18 Pa.C.S. § 2608(a). Of particular relevance to this appeal are the Act's specifications with regard to voluntary manslaughter: (a) Offense defined.”
Commonwealth v. Dischman, 195 A.3d 567 (Pa. Super. Ct. 2018).
“18 Pa.C.S. § 2608. Section 2609 states: "The provisions of this chapter shall not be construed to prohibit the prosecution of an offender under any other provision of law.”
— 18 Pa. Cons. Stat. § 2608(a)(3) — 3 cases
Commonwealth v. Bullock, 913 A.2d 207 (Pa. 2006).
“See 18 Pa.C.S. § 2608(a). Of particular relevance to this appeal are the Act's specifications with regard to voluntary manslaughter: (a) Offense defined.”
Commonwealth v. Dischman, 195 A.3d 567 (Pa. Super. Ct. 2018).
“18 Pa.C.S. § 2608. Section 2609 states: "The provisions of this chapter shall not be construed to prohibit the prosecution of an offender under any other provision of law.”
Commonwealth v. Pugh, 25 Mass. L. Rptr. 329 (Mass. Super. Ct. 2009).
“See 18 Pa.C.S. §2608(a)(3) (exempting the pregnant woman in regard to crimes against her own unborn child).”
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