The Prospect of Enacting an Unborn Victims of Violence Act in North Carolina

Abstract:     
In 2005, a state bill mirroring the federal Unborn Victims of Violence Act failed passage in the North Carolina Legislature. This article provides a state by state comparison of American fetal homicide legislation to prepare North Carolina policymakers to better address similar law reform efforts in the future. If adopted, careful consideration must be taken of the reform's impact on a wide variety of criminal and civil claims, the extent liability should depend on the developmental stage of the fetus in light of scientific advancement, and whether as a matter of constitutional implication and compassionate social policy pregnant women should be exempted.

Keywords: fetal homicide, pregnancy, domestic violence, Unborn Victims of Violence Act, abortion rights, fetal rights

JEL Classification: I18, I39, J13, J18, J78, K32, K42

working papers series