Utah Code
Utah Code § 76-7-314.5 (2026)
Killing an unborn child
✓ current as of May 2026
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A person is guilty of killing an unborn child if the person intentionally causes the death of an unborn child by performing an abortion of the unborn child in violation of the provisions of Subsection 76-7-302(2).
A woman is not criminally liable for:
seeking to obtain, or obtaining, an abortion that is permitted by this part; or
a physician's failure to comply with Subsection 76-7-302(2)(b)(ii) or Section 76-7-305.
Notes of Decisions
Cited in 2
cases, 2011–2012 · leading case: Jennie McCormack v. Mark Hiedeman, 694 F.3d 1004 (9th Cir. 2012).
Jennie McCormack v. Mark Hiedeman, 694 F.3d 1004 (9th Cir. 2012). “§ 2608 (exempting pregnant women from liability "in regards to crimes against her unborn child”); Tex.”
State v. Harrison, 269 P.3d 133 (Utah 2011). “§ 76-7-314.5(1) (Supp.2011). 1 Specifically, the district court concluded that the elements of attempted murder of an unborn child are "wholly duplicative" of the elements of attempted killing of an unborn child by abortion, and thus held that Harrison could be sentenced only to…”
Utah Code § 76-7-314.5(1): 1 case
State v. Harrison, 269 P.3d 133 (Utah 2011). “§ 76-7-314.5(1) (Supp.2011). 1 Specifically, the district court concluded that the elements of attempted murder of an unborn child are "wholly duplicative" of the elements of attempted killing of an unborn child by abortion, and thus held that Harrison could be sentenced only to…”
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