Kentucky Revised Statutes, Chapter 507A — Fetal Homicide

Title L — Kentucky Penal Code

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-09-01.

Title L Kentucky Penal Code

Chapter 507A Fetal Homicide

507A.010 Definitions -- Exceptions.

(1) As used in this chapter:

(a) "Abortion" has the same meaning as in KRS 311.720;

(b) "Health care provider" has the same meaning as in KRS 304.17A-005; and

(c) "Unborn child" means a member of the species homo sapiens in utero from conception onward, without regard to age, health, or condition of dependency.

(2) In a prosecution for the death of an unborn child, nothing in this chapter shall apply to acts performed by or at the direction of a health care provider that cause the death of an unborn child if those acts were committed:

(a) During any abortion for which the consent of the pregnant woman has been obtained or for which the consent is implied by law in a medical emergency; or

(b) As part of or incident to diagnostic testing or therapeutic medical or fertility treatment, provided that the acts were performed with that degree of care and skill which an ordinarily careful, skilled, and prudent health care provider or a person acting under the provider's direction would exercise under the same or similar circumstances.

(3) Nothing in this chapter shall apply to any acts of a pregnant woman that caused the death of her unborn child.

Effective: February 20, 2004

History: Created 2004 Ky. Acts ch. 1, sec. 1, effective February 20, 2004.

507A.020 Fetal homicide in the first degree.

(1) A person is guilty of fetal homicide in the first degree when:

(a) With intent to cause the death of an unborn child or with the intent necessary to commit an offense under KRS 507.020(1)(a), he causes the death of an unborn child; except that in any prosecution, a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of fetal homicide in the second degree or any other crime; or

(b) Including but not limited to the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to an unborn child and thereby causes the death of an unborn child.

(2) Fetal homicide in the first degree is a capital offense.

Effective: February 20, 2004

History: Created 2004 Ky. Acts ch. 1, sec. 2, effective February 20, 2004.

507A.030 Fetal homicide in the second degree.

(1) A person is guilty of fetal homicide in the second degree when:

(a) With intent to cause serious physical injury to an unborn child or with the intent necessary to commit an offense under KRS 507.030(1)(a), he causes the death of an unborn child; or

(b) With intent to cause the death of an unborn child or with the intent necessary to commit an offense under KRS 507.030(1)(b), he causes the death of an unborn child under circumstances which do not constitute fetal homicide in the first degree because he acts under the influence of extreme emotional disturbance, as defined in KRS 507A.020(1)(a).

(2) Fetal homicide in the second degree is a Class B felony.

Effective: February 20, 2004

History: Created 2004 Ky. Acts ch. 1, sec. 3, effective February 20, 2004.

507A.040 Fetal homicide in the third degree.

(1) A person is guilty of fetal homicide in the third degree when he wantonly causes the death of an unborn child, including but not limited to situations where the death results from the person's operation of a motor vehicle.

(2) Fetal homicide in the third degree is a Class C felony.

Effective: February 20, 2004

History: Created 2004 Ky. Acts ch. 1, sec. 4, effective February 20, 2004.

507A.050 Fetal homicide in the fourth degree.

(1) A person is guilty of fetal homicide in the fourth degree when, with recklessness, he causes the death of an unborn child.

(2) Fetal homicide in the fourth degree is a Class D felony.

Effective: February 20, 2004

History: Created 2004 Ky. Acts ch. 1, sec. 5, effective February 20, 2004.

507A.060 Death sentence prohibited.

The death of an unborn child shall not result in the imposition of a sentence of death, either as a result of the violation of KRS 507A.020 or as a result of the aggravation of another capital offense under KRS 532.025(2).

Effective: February 20, 2004

History: Created 2004 Ky. Acts ch. 1, sec. 6, effective February 20, 2004.