Comment

Friday Night Music: Jimmy Wahlsteen, '181st Song'

98
Gus12/18/2009 9:35:42 pm PST

re: #92 jaunte

The whole thing seems to be a misreading of this 18.2-71.1 part of which is written to make clear that completing the delivery of an infant will not be construed as “partial birth infanticide.” It mentions umbilical cord, but I don’t think it means what some people want it to mean.
[Link: law.justia.com…]

I’m still reading it like this:

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

B. For the purposes of this section, “partial birth infanticide” means any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed.

C. For the purposes of this section, “human infant who has been born alive” means a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

Class B felony in VA is max. 10 years. Looking around I’ve seen probabtion for some cases of infanticide around the country.