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Under current federal law, an individual who commits a federal crime of violence against a pregnant woman receives no additional punishment for killing or injuring the woman's unborn child during the commission of that crime. Therefore, except in those States that recognize unborn children as victims of such crimes, injuring or killing an unborn child during commission of a violent crime has no legal consequence whatsoever.
The Unborn Victims of Violence Act was designed to address this deficiency in the law by providing that an individual who injures or kills an unborn child during the commission of certain predefined violent federal crimes may be punished for a separate offenseE.
The Unborn Victims of Violence Act would enable prosecutors to bring to justice criminals like these: Reginald Anthony Falice, who on April 28, 1998, shot his eight-months-pregnant wife, Ruth Carlson, five times as she sat at a red light in Charlotte, North Carolina. Falice was convicted by a federal jury E for interstate domestic violence and using a firearm in the commission of a violent crime, but because federal law does not currently recognize the unborn as victims, he received no additional punishment for killing the near-term infant.
Or the terrorists who bombed the World Trade Center in New York, killing Monica Smith, a pregnant secretary, and her unborn child. Jurors at one trial E were told of the harm inflicted upon Ms. Smith's unborn child, but no additional punishment is provided under federal law for the child's death.
--Former Congressman
The Unborn Victims of Violence Act of 2001 has been introduced in the House of Representatives as H.R. 503 by Congressman Lindsey Graham (R-SC) and in the Senate as S. 480 by Senator Mike DeWine (R-Ohio). The House will consider the bill on or about April 25. Your congressman and your senators need to hear that you want them to vote for the bill.
The point of the proposed law is two-fold: (1) Elementary justice demands that the criminal killing or injury of a fellow human being, born or in the womb, be punished. (2) Federal law should reflect the reality that when a criminal assaults a pregnant woman and injures or kills her unborn child, he has claimed two victims.