Illinois General Assembly - Illinois Compiled Statutes

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720 ILCS 5/9-2.1

(720 ILCS 5/9-2.1) (from Ch. 38, par. 9-2.1)

Sec. 9-2.1. Voluntary manslaughter of an unborn child.

(a) A person
who kills an unborn child without lawful justification commits voluntary
manslaughter of an unborn child if at the time of the killing he is acting
under a sudden and
intense passion resulting from serious provocation by
another whom the offender endeavors to kill, but he negligently or
accidentally causes the death of the unborn child.

Serious provocation is conduct sufficient to excite an intense passion in
a reasonable person.

(b) A person who intentionally or knowingly kills an unborn child
commits voluntary manslaughter of an unborn child if at the time of the
killing he believes the circumstances to be such that, if they existed,
would justify or exonerate the killing under the principles stated in
Article 7 of this Code, but his belief is unreasonable.

(c) Sentence.
Voluntary manslaughter of an unborn child is a Class 1 felony.

(d) For purposes of this Section, (1) "unborn child" shall mean any
individual of the human species from the implantation of an embryo until birth, and (2)
"person" shall not include the pregnant individual whose unborn child is killed.

(e) 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 1-10 of the Reproductive Health Act, to which the
pregnant individual 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.

(Source: P.A. 101-13, eff. 6-12-19.)