21-5419. Application of certain crimes to an unborn child. (a) As used in this section:
(1) "Abortion" means an abortion as defined by K.S.A. 65-6701, and amendments thereto; and
(2) "unborn child" means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth.
(b) This section shall not apply to:
(1) Any act committed by the mother of the unborn child;
(2) any medical procedure, including abortion, performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian; or
(3) the lawful dispensation or administration of lawfully prescribed medication.
(c) As used in K.S.A. 21-5401, 21-5402, 21-5403, 21-5404, 21-5405, 21-5406 and subsections (a) and (b) of 21-5413, and amendments thereto, "person" and "human being" also mean an unborn child.
(d) This section shall be known as Alexa's law.
History: L. 2010, ch. 136, ยง 54; July 1, 2011.
Source or Prior Law:
21-3452.
Attorney General's Opinions:
Section does not violate section 1 of the Kansas bill of rights. 2015-5.
CASE ANNOTATIONS
1. The transferred-intent doctrine provided sufficient evidence to support conviction for death of unborn child. State v. Seba, 305 Kan. 185, 198, 380 P.3d 209 (2016).
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