re: #346 acacia

OK let’s get to the root of this. First, the code section cited by Charles doesn’t appear to apply to actions of a mother at all. First, a latter section states “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.” Also, the very first section defines the crime as any person who “performs” partial birth infanticide. In other words, the statute is clearly meant to address partial birth abortions performed by others, not the actions of the mother who begins to have birth naturally. The statute, in my mind, is completely irrelevant. One would have to look at other Virginia laws - and their interpretation - to see under what circumstances a mother could be charged for these actions. The story cited by Morrissey notes simply, “Investigators say because the mother and baby were still connected by the umbilical cord and placenta, state law does not consider the baby to be a separate life.” The investigators may or may not be right but a quick reference to 18.2-71.1 (C) doesn’t mean Morrissey was wrong or that he didn’t fact check.

No. That’s flat wrong. The first line of the statute is:

Any person who knowingly performs partial birth infanticide and thereby kills a human infant is guilty of a Class 4 felony.

Any person. That would include the mother, obviously. And Morrissey specifically cited this statute.

Bzzt. Try again.