LIMITATIONS ON (INJURIES TO)/(DEATH OF) UNBORN CHILD
No person shall be guilty of:
(murder in the first degree of)
(murder in the second degree of)
(manslaughter in the first degree of)
(manslaughter in the second degree of)
(shooting with intent to kill)
(use of a vehicle to facilitate the discharge of a firearm/crossbow/weapon in the conscious disregard for the safety of)
(assault and battery with a deadly weapon upon)
an unborn child if:
[The acts that caused the death of the unborn child were committed during a legal abortion to which the pregnant woman consented.]
[The acts were committed pursuant to the usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.]
Statutory Authority: 21 O.S. 2011, §§ 652(D), 691(C).
Notes on Use
The court should give the paragraphs in brackets if the issues are asserted as affirmative defenses and there is evidence to support them offered at the trial.