EO 13430 Title 3--The President (c) That the accused thereby caused the death of the unborn child of that woman. (3) Attempting to kill an unborn child. (a) That the accused was engaged in the [(murder (article ll8)), (vol- untary manslaughter (article l\1779(a))), (involuntary manslaughter (article \1779(b)(2))), (rape (article \17720)), (robbery (article 122)), (maiming (article 124)), (assault (article 128)), of] or [burning or setting afire, as arson (arti- cle \17726), of (a dwelling inhabited by) (a structure or property (known to be occupied by) (belonging to))] a woman; (b) That the woman was then pregnant; and (c) That the accused thereby intended and attempted to kill the unborn child of that woman. (4) Intentionally killing an unborn child. (a) That the accused was engaged in the [(murder (article \17718)), (vol- untary manslaughter (article \1779(a))), (involuntary manslaughter (article \1779(b)(2))), (rape (article 120)), (robbery (article \17722)), (maiming (article 124)), (assault (article 128)), of] or [burning or setting afire, as arson (arti- cle \17726), of (a dwelling inhabited by) (a structure or property (known to be occupied by) (belonging to))] a woman; (b) That the woman was then pregnant; and (c) That the accused thereby intentionally killed the unborn child of that woman. c. Explanation. (\177) Nuture of of]bnse. This article makes it a separate, punishable crime to cause the death of or bodily injury to an unborn child while engaged in arson (article \17726, UCMJ); murder (article \1778, UCMJ); voluntary man- slaughter (article \17719(a), UCM\177); involuntary manslaughter (article \1779(b)(2), UCM\177); rape (article \17720(a), UCM\177); robbery (article \17722, UCM\177); maiming (article 124, UCMJ); or assault (article \17728, UCM\177) against a pregnant woman. For all underlying offenses, except arson, this article requires that the victim of the underlying offense be the pregnant mother. For purposes of arson, the pregnant mother must have some nexus to the arson such that she sustained some "bodily injury" due to the arson. For the purposes of this article the term "woman" means a female of any age. This article does not permit the prosecution of any (a) 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; (b) person for any medical treatment of the pregnant woman or her un- born child; or (c) woman with respect to her unborn child. (2) The offenses of "injuring an unborn child" and "killing an unborn child" do not require proof that -- (a) the person engaging in the conduct (the accused) had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or 210
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