Reply #17: That makes this case particularly troublesome. [View All]

[Dogtown]

If we call it "murder" because the fetus could have been viable outside the womb, then that doors been cracked and fundy-feet will wedge it open.

I don't disagree that the event should be characterized as an aggravating element of the crime, but I really hope our lawmakers don't lure us into the trap of legally defining *any* fetus as a person.

An aggravated qualifier is very potent legally. In some jurisdictions, for example, "assault" can be a misdemeanor, but "assault with intent to kill" and "assault with intent to maim" can bring sentences up to 20 years.

I'd have no problem with a law calling this act an "assault with intent to abort" and a mandatory life-sentence. Factual, no more difficult to prove than any other "intent" charge, and suitable to the awfulness of the crime.

In the reported crime, only one person was murdered.