After the very highly publicized case where a Longmont woman had her unborn child cut from her womb, Colorado lawmakers are considering passing a law that would define an unborn child at every stage of gestation as a person for the offenses of homicide and assault. This is in response to the outrage many people expressed when the woman who took the child from the Longmont woman could not be charged with murder. The pregnant Longmont woman responded to a Craigslist ad for baby clothes and when she arrived at the seller’s house, the woman attacked her, cut her baby out, and left her bleeding in the basement. The baby girl was taken to the hospital, but did not survive. Because of the letter of the current law, the woman was not charged with homicide and the public called for change.
What is Fetal Homicide Senate Bill 15-268 and How Will It Change Things in Greeley?
Basically, this bill redefines the word ‘person’ to include:
This new definition would only apply to the following offenses:
- 1st Degree Murder
- 2nd Degree Murder
- Manslaughter
- Criminally Negligent Homicide
- Vehicular Homicide
- 1st Degree Assault
- 2nd Degree Assault
- 3rd Degree Assault
- Vehicular Assault
Opponents of the law feel this change could be a step toward taking away abortion rights in Greeley, Erie, and Evans. However, like the other 38 states that have fetal homicide laws, the bill has exceptions written into it. No crime would be charged in the following cases:
- An act committed by the mother of her unborn child;
- A medical procedure performed by a physician or other medical professional at the request of a mother of her unborn child or the mother’s legal guardian; or
- The lawful dispensation or administration of legally prescribed medication.
These exceptions essentially protect a woman’s right to choose, but agencies like Planned Parenthood are very against this fetal ‘personhood’ bill because they feel it is a dangerous step for women in Weld, Morgan, and Logan County. Regardless of the hot topic of abortion, this bill could have consequences that ripple throughout the law. Suppose a husband is driving under the influence. His wife, who is pregnant, is in the car and he gets into an accident. With this law in effect, he could be facing additional charges like Vehicular Homicide if his wife lost the baby due to the accident.
If you or someone you love is facing Homicide or Assault charges, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley law Office at (970) 616-6009 immediately. Together, we can protect your future.
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