U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 90A— PROTECTION OF UNBORN CHILDREN

18 U.S.C. § 1841

Protection of unborn children

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(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child’s mother.(B) An offense under this section does not require proof that—(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being.(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.(b) The provisions referred to in subsection (a) are the following:(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title.(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)).(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).(c) Nothing in this section shall be construed to permit the prosecution—(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;(2) of any person for any medical treatment of the pregnant woman or her unborn child; or(3) of any woman with respect to her unborn child.(d) As used in this section, the term “unborn child” means a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.(Added Pub. L. 108–212, § 2(a), Apr. 1, 2004, 118 Stat. 568.)Editorial NotesReferences in Text

Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283), referred to in subsec. (b)(3), probably means section 235 of the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, title I, as added by Pub. L. 96–295, title II, § 202(a), June 30, 1980, 94 Stat. 786, which is classified to section 2283 of Title 42, The Public Health and Welfare. Section 202 of the Atomic Energy Act of 1954, which related to the authority of the Joint Committee on Atomic Energy, was classified to section 2252 of Title 42 and was repealed by act Aug. 1, 1946, ch. 724, title I, § 302(a), as added Pub. L. 95–110, § 1, Sept. 20, 1977, 91 Stat. 884; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.

Statutory Notes and Related SubsidiariesShort Title of 2004 Amendment

Pub. L. 108–212, § 1, Apr. 1, 2004, 118 Stat. 568, provided that: “This Act [enacting this chapter and section 919a of Title 10, Armed Forces] may be cited as the ‘Unborn Victims of Violence Act of 2004’ or ‘Laci and Conner’s Law’.”

Notes of Decisions
Cited in 79 cases (6 in the last 5 years), 1962–2026 · leading case: United States v. Samantha Flute, 929 F.3d 584 (8th Cir. 2019).
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United States v. Samantha Flute, 929 F.3d 584 (8th Cir. 2019). · cites it 10× “” It nevertheless imported language from 18 U.S.C. § 1841 that bars “prosecution .”
Jose Gomez-Fernandez v. William Barr, 969 F.3d 1077 (9th Cir. 2020). · cites it 8× “The panel rejected the Government’s reliance on 18 U.S.C. § 1841 , the federal unborn child protection statute, to reason that the federal generic definition of murder includes the killing of an unborn fetus.”
Est. of Tucker Ex Rel. Tucker v. Interscope, 515 F.3d 1019 (9th Cir. 2008). · cites it 2× “Mail fraud in violation of 18 U.S.C. § 1841 was another part of the pattern, a crime carried out by the draft letter proposed for Knight's signature on August 7, 1995.”
United States v. Carolyn Jackson, 862 F.3d 365 (3rd Cir. 2017). · cites it 3× “If the defendant is convicted under 18 U.S.C. § 1841 (a)(1), apply the guideline that covers the conduct the defendant is convicted of having engaged in, as that conduct is described in 18 U.”
Bacchus Indus., Inc. v. Arvin Indus., Inc., 939 F.2d 887 (10th Cir. 1991). “In order to state a claim of mail fraud under 18 U.S.C. § 1841 , Bacchus must allege (1) the existence of a scheme or artifice to defraud or obtain money or property by false pretenses, representations or promises, and (2) use of the United States mails for the purpose of…”
Shapolsky v. Brewton, 56 S.W.3d 120 (Tex. App. 2001). “to transmit by mail Brewton’s book to Texas for sale and by receiving funds from such sale in Texas without paying any royalty to Brewton, all in violation 18 U.S.C. § 1841 and 18 U.S.C. § 1961 (1)(B).”
United States v. Schmitz, 634 F.3d 1247 (11th Cir. 2011). “Schmitz, a former Alabama state legislator, was convicted on three counts of mail fraud, in violation of 18 U.S.C. § 1841 , and four counts of theft concerning a program receiving federal funds, in violation of 18 U.”
United States v. Candelario-Santana, 834 F.3d 8 (1st Cir. 2016). “According to Oquendo, “[t]he Court’s instructions, taken as a whole, authorized [Oquendo’s] conviction for the offense of aiding and abetting in a murder or attempted murder under the laws of Puerto Rico or 18 U.S.C. § 1841 (Count 10) rather than in the VICAR offense charged in…”
United States of Am., Appellee-Cross-Appellant v. Niels Lauersen, Defendant-Appellant-Cross-Appellee, 348 F.3d 329 (2d Cir. 2003). “2 The indictment charged Lauersen with mail fraud, 18 U.S.C. § 1841 , health care fraud, 18 U.”
United States v. Randy Lee Vanhorn, 296 F.3d 713 (8th Cir. 2002). “The district court sentenced Van-horn to a term of 60 months of imprisonment on the mail fraud counts, which is the statutorily authorized maximum sentence permitted under 18 U.S.C. § 1841 , regardless of the amount of loss.”
Nystedt v. Nigro, 700 F.3d 25 (1st Cir. 2012). “See 18 U.S.C. §§ 1841 , 1962. The invoices and ex parte communications also allegedly abetted Munroe’s unlawful conversion of estate assets.”
United States v. Montgomery, 635 F.3d 1074 (8th Cir. 2011). “18 U.S.C. § 1841 . The statute recognizes unborn children as a class of victims not previously protected under federal law and criminalizes the killing or injuring of unborn children during the commission of certain federal offenses.”
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— 18 U.S.C. § 1841(a)(2)(C) — 1 case
Jose Gomez-Fernandez v. William Barr, 969 F.3d 1077 (9th Cir. 2020). “The panel rejected the Government’s reliance on 18 U.S.C. § 1841 , the federal unborn child protection statute, to reason that the federal generic definition of murder includes the killing of an unborn fetus.”
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