Virginia Code

Va. Code Ann. § 18.2-32.2 (2026)

Killing a fetus; penalty

✓ current as of May 2026

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A. Any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony.

B. Any person who unlawfully, willfully, deliberately and maliciously kills the fetus of another is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years.

2004, cc. 1023, 1026.

Notes of Decisions

Cited in 2 cases, 2010–2013 · leading case: State v. Courchesne, 998 A.2d 1 (Conn. 2010).

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State v. Courchesne, 998 A.2d 1 (Conn. 2010). “§ 76-5-201 (1) (a) (2003) (person commits criminal homicide when he causes death of another human being, including unborn child at any stage of development); Va. Code Ann. § 18.2-32.2 (2009) (pro *796 scribing killing of fetus); Wash.”

Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “2d 50 (1994); Virginia also has enacted a statute prohibiting the "[kjilling [of] a fetus,” Va. Code Ann. § 18.2-32.2 (2009), but the term "fetus” is not defined in the criminal code and has not yet been interpreted by the Supreme Court of Virginia.”

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