One Crime Victim or Two?: The "Unborn Victims of Violence Act"

by Carrie Gordon Earll

Note: President Bush signed the "Unborn Victims of Violence Act" into law April 1, 2004. Scott Peterson was convicted of murder in the deaths of his wife and preborn son, and sentenced to death in March 2005. The following background on the issue of fetal homicide was written prior to passage of the federal law and Peterson's conviction and sentencing.

The December 2002 deaths in California of Laci Peterson and her preborn son, Conner, are the focus of media attention as Laci’s husband and Conner’s father, Scott Peterson, faces two murder charges in connection with their homicides. However, the high profile Peterson case is not the only one involving a violent attack against a pregnant woman. In fact, such attacks are more common than you might think.

Research published in the Journal of the American Medical Association in March 2001 found that homicide was the leading cause of pregnancy-associated death among pregnant women in Maryland during a five-year period.¹ Similar findings are reported in North Carolina, New York City and Chicago.²

Nearly thirty states have laws that allow a separate penalty when a preborn child is injured or killed in the commission of a crime against the mother. It is California’s “fetal homicide” law that enabled prosecutors to charge Scott Peterson with two counts of murder in connection with the deaths of his wife and preborn son.

The "Unborn Victim of Violence Act"
Unfortunately, if Laci and Conner Peterson’s deaths had occurred during the commission of a federal crime — like bank robbery — Conner’s death would not merit a separate charge. Currently, neither the federal criminal code nor the Uniform Code of Military Justice recognizes both victims under law. Legislation pending in the US Congress, the “Unborn Victims of Violence Act,” would amend federal and military codes to recognize the “two-victim” principle. The measure does not create any new crimes; it simple recognizes both victims — mother and child.
The bill explicitly exempts

• abortion with the mother’s consent
• action taken by a woman to harm her preborn child
• the death penalty from being imposed in the death of a preborn child

The “Unborn Victim of Violence Act” (HR 1997) passed the US House of Representatives on February 26, 2004 on a vote of 254-163. It is currently pending in the U-S Senate. [The Senate passed the bill March 25, 2004 on a vote of 61-38.]

Some members of Congress oppose this legislation, claiming that it will erode access to abortion by establishing legal rights for the preborn. Opponents are offering a weakening amendment (rejected in the House and expected to be offered in the Senate by Sen. Dianne Feinstein-CA) that only recognizes one victim — the mother. This amendment disregards and disrespects the second victim and Focus on the Family opposes it.

Personal Stories

Laci and Conner Peterson
Laci’s mother and Conner’s grandmother, Sharon Rocha, requested that the “Unborn Victim of Violence Act” be named “Laci and Conner’s Law” in their memory.

Rocha has stated that in this difficult time after the murders of her daughter and grandson, her family is grateful that under California law, the murders of Laci and Conner can both be prosecuted. Rocha says, “Two people, Laci and Conner, would be here with us today if they had not been murdered. There were two victims in this crime, not one.” ³

Ashley and Landon Lyons
Another example involves the deaths of 18 year-old Ashley Lyons and her preborn son, Landon. Ashley was five months pregnant when she was shot to death January 7, 2004 while sitting in her car in a local park. Kentucky state legislators promptly passed a fetal homicide law, recognizing a preborn child as a crime victim if the mother is injured or killed. Governor Ernie Fletcher signed the measure into law February 20, 2004.

Carol Lyons, Ashley’s mother and Landon's grandmother, states, “Nobody can tell me that there were not two victims. I placed Landon in Ashley’s arms, wrapped in a baby blanket that I had sewn for him, just before I kissed my daughter goodbye for the last time and closed the casket.” ⁴



Carrie Gordon Earll is the Senior Policy Analyst for Bioethics at Focus on the Family and a fellow with the Center for Bioethics and Human Dignity.

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