Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 4. Crimes Against the Person » Article 9. Abortion
Virginia Code

Va. Code Ann. § 18.2-71.1 (2026)

Partial birth infanticide; penalty

✓ current as of May 2026
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A. Any person who knowingly performs partial birth infanticide and thereby kills a human infant is guilty of a Class 4 felony.

B. For the purposes of this section, "partial birth infanticide" means any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed.

The term "partial birth infanticide" shall not under any circumstances be construed to include any of the following procedures: (i) the suction curettage abortion procedure, (ii) the suction aspiration abortion procedure, (iii) the dilation and evacuation abortion procedure involving dismemberment of the fetus prior to removal from the body of the mother, or (iv) completing delivery of a living human infant and severing the umbilical cord of any infant who has been completely delivered.

C. For the purposes of this section, "human infant who has been born alive" means a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

D. For purposes of this section, "substantially expelled or extracted from its mother" means, in the case of a headfirst presentation, the infant's entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant's trunk past the navel is outside the body of the mother.

E. This section shall not prohibit the use by a physician of any procedure that, in reasonable medical judgment, is necessary to prevent the death of the mother, so long as the physician takes every medically reasonable step, consistent with such procedure, to preserve the life and health of the infant. A procedure shall not be deemed necessary to prevent the death of the mother if completing the delivery of the living infant would prevent the death of the mother.

F. The mother may not be prosecuted for any criminal offense based on the performance of any act or procedure by a physician in violation of this section.

2003, cc. 961, 963.

Notes of Decisions
Cited in 4 cases, 2004–2009 · leading case: Richmond Med. Ctr. for Women v. Herring, 570 F.3d 165 (4th Cir. 2009).
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Richmond Med. Ctr. for Women v. Herring, 570 F.3d 165 (4th Cir. 2009). · cites it 46× “OPINION NIEMEYER, Circuit Judge: In this case, we consider whether Virginia's "Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially unconstitutional.”
Richmond Med. Ctr. for Women v. Herring, 527 F.3d 128 (4th Cir. 2008). · cites it 38× “" Va. Code Ann. § 18.2-71.1 (the Virginia Act or the Act).”
Richmond Med. Ctr. for Women v. Hicks, 301 F. Supp. 2d 499 (E.D. Va. 2004). · cites it 22× “Chapters - 961 and 963 of the 2003 Acts of the Virginia General Assembly, codified at Va.Code Ann. § 18.2-71.1 (“the Act”), make it a Class 4 felony for a person to knowingly perform “partial birth infanticide.”
Richmond Med. Ctr. for Women v. Hicks, 409 F.3d 619 (4th Cir. 2005). · cites it 19× “" Va. Code Ann. § 18.2-71.1 . A Class 4 felony in Virginia is punishable by a prison term of up to ten years and a fine of up to $100,000.”
— Va. Code Ann. § 18.2-71.1(A) — 2 cases
Richmond Med. Ctr. for Women v. Herring, 570 F.3d 165 (4th Cir. 2009). “OPINION NIEMEYER, Circuit Judge: In this case, we consider whether Virginia's "Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially unconstitutional.”
Richmond Med. Ctr. for Women v. Herring, 527 F.3d 128 (4th Cir. 2008). “" Va. Code Ann. § 18.2-71.1 (the Virginia Act or the Act).”
— Va. Code Ann. § 18.2-71.1(A)(D) — 1 case
Richmond Med. Ctr. for Women v. Herring, 570 F.3d 165 (4th Cir. 2009). “OPINION NIEMEYER, Circuit Judge: In this case, we consider whether Virginia's "Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially unconstitutional.”
— Va. Code Ann. § 18.2-71.1(B) — 4 cases
Richmond Med. Ctr. for Women v. Herring, 570 F.3d 165 (4th Cir. 2009). “OPINION NIEMEYER, Circuit Judge: In this case, we consider whether Virginia's "Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially unconstitutional.”
Richmond Med. Ctr. for Women v. Herring, 527 F.3d 128 (4th Cir. 2008). “" Va. Code Ann. § 18.2-71.1 (the Virginia Act or the Act).”
Richmond Med. Ctr. for Women v. Hicks, 301 F. Supp. 2d 499 (E.D. Va. 2004). “Chapters - 961 and 963 of the 2003 Acts of the Virginia General Assembly, codified at Va.Code Ann. § 18.2-71.1 (“the Act”), make it a Class 4 felony for a person to knowingly perform “partial birth infanticide.”
Richmond Med. Ctr. for Women v. Hicks, 409 F.3d 619 (4th Cir. 2005). “" Va. Code Ann. § 18.2-71.1 . A Class 4 felony in Virginia is punishable by a prison term of up to ten years and a fine of up to $100,000.”
— Va. Code Ann. § 18.2-71.1(B)(iv) — 1 case
Richmond Med. Ctr. for Women v. Herring, 527 F.3d 128 (4th Cir. 2008). “" Va. Code Ann. § 18.2-71.1 (the Virginia Act or the Act).”
— Va. Code Ann. § 18.2-71.1(C) — 2 cases
Richmond Med. Ctr. for Women v. Hicks, 301 F. Supp. 2d 499 (E.D. Va. 2004). “Chapters - 961 and 963 of the 2003 Acts of the Virginia General Assembly, codified at Va.Code Ann. § 18.2-71.1 (“the Act”), make it a Class 4 felony for a person to knowingly perform “partial birth infanticide.”
Richmond Med. Ctr. for Women v. Herring, 570 F.3d 165 (4th Cir. 2009). “OPINION NIEMEYER, Circuit Judge: In this case, we consider whether Virginia's "Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially unconstitutional.”
— Va. Code Ann. § 18.2-71.1(D) — 3 cases
Richmond Med. Ctr. for Women v. Herring, 570 F.3d 165 (4th Cir. 2009). “OPINION NIEMEYER, Circuit Judge: In this case, we consider whether Virginia's "Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially unconstitutional.”
Richmond Med. Ctr. for Women v. Hicks, 301 F. Supp. 2d 499 (E.D. Va. 2004). “Chapters - 961 and 963 of the 2003 Acts of the Virginia General Assembly, codified at Va.Code Ann. § 18.2-71.1 (“the Act”), make it a Class 4 felony for a person to knowingly perform “partial birth infanticide.”
Richmond Med. Ctr. for Women v. Herring, 527 F.3d 128 (4th Cir. 2008). “" Va. Code Ann. § 18.2-71.1 (the Virginia Act or the Act).”
— Va. Code Ann. § 18.2-71.1(E) — 4 cases
Richmond Med. Ctr. for Women v. Herring, 570 F.3d 165 (4th Cir. 2009). “OPINION NIEMEYER, Circuit Judge: In this case, we consider whether Virginia's "Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially unconstitutional.”
Richmond Med. Ctr. for Women v. Herring, 527 F.3d 128 (4th Cir. 2008). “" Va. Code Ann. § 18.2-71.1 (the Virginia Act or the Act).”
Richmond Med. Ctr. for Women v. Hicks, 301 F. Supp. 2d 499 (E.D. Va. 2004). “Chapters - 961 and 963 of the 2003 Acts of the Virginia General Assembly, codified at Va.Code Ann. § 18.2-71.1 (“the Act”), make it a Class 4 felony for a person to knowingly perform “partial birth infanticide.”
Richmond Med. Ctr. for Women v. Hicks, 409 F.3d 619 (4th Cir. 2005). “" Va. Code Ann. § 18.2-71.1 . A Class 4 felony in Virginia is punishable by a prison term of up to ten years and a fine of up to $100,000.”
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