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Oklahoma's new bill
Posted: Fri Apr 03, 2009 5:27 pm
by Venus Pax
http://www.foxnews.com/politics/2009/04 ... save-baby/" onclick="window.open(this.href);return false;
Someone on a pregnancy forum posted this. I never knew a bill was needed for this; I always thought that the unborn fell under the mother's self-defense rights since they share the larger body.
Does Texas have a specific protection for the unborn, or has this always been assumed during self/family defense in trials?
Re: Oklahoma's new bill
Posted: Fri Apr 03, 2009 6:49 pm
by Liberty
Venus Pax wrote:http://www.foxnews.com/politics/2009/04 ... save-baby/
Someone on a pregnancy forum posted this. I never knew a bill was needed for this; I always thought that the unborn fell under the mother's self-defense rights since they share the larger body.
Does Texas have a specific protection for the unborn, or has this always been assumed during self/family defense in trials?
I would think that any man that strikes a women in the abdomen puts her in danger of severe injury or even death, even more so if pregnant.
Re: Oklahoma's new bill
Posted: Fri Apr 03, 2009 8:14 pm
by Venus Pax
I would think so too, Liberty. From what I understand, the lady was charged with assault for stabbing the guy back. (Now it was unclear whether this was done later for revenge, or at the time of attack in defense of herself and her unborn child.)
I would think that he would be charged with attempted murder regardless of her pregnancy. It seems like a stab wound to the abdomen could be deadly to either a woman or a man if it hits an artery; therefore, DF would be justified regardless of whether an unborn child was involved. Apparently, others aren't so convinced.
I am glad that the state of Oklahoma passed this law in defense of the unborn. Being pregnant has cemented my beliefs that the unborn are very much alive; I wouldn't want my own child being disregarded if we were ever the victims of crime prior to her birth.
Re: Oklahoma's new bill
Posted: Sun Apr 05, 2009 3:50 am
by srothstein
Texas passed this law several years ago.
The Penal Code definition (section 1.07) of individual now reads:
26) "Individual" means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.
So, since person includes individual (see definition 38), and you can use force or deadly force to defend a third person, we include fetuses in the justification law already.
Re: Oklahoma's new bill
Posted: Sun Apr 05, 2009 8:54 am
by Venus Pax
srothstein wrote:Texas passed this law several years ago.
The Penal Code definition (section 1.07) of individual now reads:
26) "Individual" means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.
So, since person includes individual (see definition 38), and you can use force or deadly force to defend a third person, we include fetuses in the justification law already.
Thank you! I will share this on the baby community board for the Texas members there.