118 STAT. 569 PUBLIC LAW 108–212—APR. 1, 2004 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 author ized 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.’’. (b) CLERICAL AMENDMENT.—The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following new item: ‘‘90A. Protection of unborn children .............................................................. 1841’’. SEC. 3. MILITARY JUSTICE SYSTEM. (a) PROTECTION OF UNBORN CHILDREN.—Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following new section: ‘‘§ 919a. Art. 119a. Death or injury of an unborn child ‘‘(a)(1) Any person subject to this chapter who engages in con duct 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 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punish ment, other than death, as a court martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child’s mother. ‘‘(2) 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 accused intended to cause the death of, or bodily injury to, the unborn child. ‘‘(3) 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 paragraph (1), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being.
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