Fetal Homicide Laws & Legal Abortion - The Common Denominator

Benjamin C. Wolf, Hofstra University

Abstract

While some may find this surprising, many relatively pro-choice states have laws that classify the killing of a fetus as homicide or murder. The fact that even the most pro-choice states classify the non-consensual killing of a fetus as murder in their criminal statutes indicates that such classification is certainly not intended to establish religious doctrine as state law or define “when life begins.” Rather, the fact that states consider non-consensual abortion to be murder while consensual abortion remains legal indicates that in this area of the law, another factor is at the forefront of legislator's minds.