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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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