(720 ILCS 5/9-3.2)
(from Ch. 38, par. 9-3.2)
Involuntary Manslaughter and Reckless Homicide of an
Unborn Child. (a) A person who unintentionally kills an unborn child
without lawful justification commits involuntary manslaughter of an unborn
child if his acts whether lawful or unlawful which cause the death are such
as are likely to cause death or great bodily harm to some individual, and
he performs them recklessly, except in cases in which the cause of death
consists of the driving of a motor vehicle, in which case the person
commits reckless homicide of an unborn child.
(1) Involuntary manslaughter of an unborn child is a Class 3 felony.
(2) Reckless homicide of an unborn child is a Class 3 felony.
(c) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from fertilization until birth, and (2)
"person" shall not include the pregnant woman whose unborn child is killed.
(d) This Section shall not apply to acts which cause the death of an
unborn child if those acts were committed during any abortion, as defined
in Section 2 of the Illinois Abortion Law of 1975, as amended, to which the
pregnant woman has
consented. This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice during
diagnostic testing or therapeutic treatment.
(e) The provisions of this Section shall not be construed to prohibit
the prosecution of any person under any other provision of law, nor shall
it be construed to preclude any civil cause of action.
(Source: P.A. 84-1414.)