{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-71.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-71.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-71.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-71.1.html"}],"law_id":58717,"edition_id":1,"section_id":58717,"structure_id":14910,"section_number":"18.2-71.1","catch_line":"Partial birth infanticide; penalty","history":"2003, cc. 961, 963.","full_text":"A\n\nAny person who knowingly performs partial birth infanticide and thereby kills a human infant is guilty of a Class 4 felony.B\n\nFor the purposes of this section, “partial birth infanticide” means any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed.\n\t\t\tThe term “partial birth infanticide” shall not under any circumstances be construed to include any of the following procedures: (i) the suction curettage abortion procedure, (ii) the suction aspiration abortion procedure, (iii) the dilation and evacuation abortion procedure involving dismemberment of the fetus prior to removal from the body of the mother, or (iv) completing delivery of a living human infant and severing the umbilical cord of any infant who has been completely delivered.C\n\nFor the purposes of this section, “human infant who has been born alive” means a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.D\n\nFor purposes of this section, “substantially expelled or extracted from its mother” means, in the case of a headfirst presentation, the infant’s entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant’s trunk past the navel is outside the body of the mother.E\n\nThis section shall not prohibit the use by a physician of any procedure that, in reasonable medical judgment, is necessary to prevent the death of the mother, so long as the physician takes every medically reasonable step, consistent with such procedure, to preserve the life and health of the infant. A procedure shall not be deemed necessary to prevent the death of the mother if completing the delivery of the living infant would prevent the death of the mother.F\n\nThe mother may not be prosecuted for any criminal offense based on the performance of any act or procedure by a physician in violation of this section.","order_by":null,"text":{"0":{"id":215171,"text":"Any person who knowingly performs partial birth infanticide and thereby kills a human infant is guilty of a Class 4 felony.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":215172,"text":"For the purposes of this section, “partial birth infanticide” means any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed.\n\t\t\tThe term “partial birth infanticide” shall not under any circumstances be construed to include any of the following procedures: (i) the suction curettage abortion procedure, (ii) the suction aspiration abortion procedure, (iii) the dilation and evacuation abortion procedure involving dismemberment of the fetus prior to removal from the body of the mother, or (iv) completing delivery of a living human infant and severing the umbilical cord of any infant who has been completely delivered.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":215173,"text":"For the purposes of this section, “human infant who has been born alive” means a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":215174,"text":"For purposes of this section, “substantially expelled or extracted from its mother” means, in the case of a headfirst presentation, the infant’s entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant’s trunk past the navel is outside the body of the mother.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":215175,"text":"This section shall not prohibit the use by a physician of any procedure that, in reasonable medical judgment, is necessary to prevent the death of the mother, so long as the physician takes every medically reasonable step, consistent with such procedure, to preserve the life and health of the infant. A procedure shall not be deemed necessary to prevent the death of the mother if completing the delivery of the living infant would prevent the death of the mother.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":215176,"text":"The mother may not be prosecuted for any criminal offense based on the performance of any act or procedure by a physician in violation of this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14910,"edition_id":1,"name":"Abortion","identifier":"9","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:50:44","date_modified":"2026-06-26 03:50:44","permalink":{"id":165253,"object_type":"structure","relational_id":14910,"identifier":"9","token":"18.2\/4\/9","url":"\/18.2\/4\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56913,"structure_id":14910,"section_number":"18.2-71","catch_line":"Producing abortion or miscarriage, etc.; penalty","url":"\/18.2-71\/","token":"18.2\/4\/9\/18.2-71","metadata":false},{"id":58717,"structure_id":14910,"section_number":"18.2-71.1","catch_line":"Partial birth infanticide; penalty","url":"\/18.2-71.1\/","token":"18.2\/4\/9\/18.2-71.1","metadata":false},{"id":76148,"structure_id":14910,"section_number":"18.2-72","catch_line":"When abortion lawful during first trimester of pregnancy","url":"\/18.2-72\/","token":"18.2\/4\/9\/18.2-72","metadata":false},{"id":67072,"structure_id":14910,"section_number":"18.2-73","catch_line":"When abortion lawful during second trimester of pregnancy","url":"\/18.2-73\/","token":"18.2\/4\/9\/18.2-73","metadata":false},{"id":72692,"structure_id":14910,"section_number":"18.2-74","catch_line":"When abortion or termination of pregnancy lawful after second trimester of pregnancy","url":"\/18.2-74\/","token":"18.2\/4\/9\/18.2-74","metadata":false},{"id":65658,"structure_id":14910,"section_number":"18.2-74.1","catch_line":"Abortion, etc., when necessary to save life of woman","url":"\/18.2-74.1\/","token":"18.2\/4\/9\/18.2-74.1","metadata":false},{"id":80458,"structure_id":14910,"section_number":"18.2-74.2","catch_line":"Repealed","url":"\/18.2-74.2\/","token":"18.2\/4\/9\/18.2-74.2","metadata":false},{"id":62829,"structure_id":14910,"section_number":"18.2-75","catch_line":"Conscience clause","url":"\/18.2-75\/","token":"18.2\/4\/9\/18.2-75","metadata":false},{"id":68933,"structure_id":14910,"section_number":"18.2-76","catch_line":"Informed written consent required","url":"\/18.2-76\/","token":"18.2\/4\/9\/18.2-76","metadata":false},{"id":75676,"structure_id":14910,"section_number":"18.2-76.1","catch_line":"Encouraging or promoting abortion","url":"\/18.2-76.1\/","token":"18.2\/4\/9\/18.2-76.1","metadata":false},{"id":66474,"structure_id":14910,"section_number":"18.2-76.2","catch_line":"Repealed","url":"\/18.2-76.2\/","token":"18.2\/4\/9\/18.2-76.2","metadata":false}],"previous_section":{"id":56913,"structure_id":14910,"section_number":"18.2-71","catch_line":"Producing abortion or miscarriage, etc.; penalty","url":"\/18.2-71\/","token":"18.2\/4\/9\/18.2-71","metadata":false},"next_section":{"id":76148,"structure_id":14910,"section_number":"18.2-72","catch_line":"When abortion lawful during first trimester of pregnancy","url":"\/18.2-72\/","token":"18.2\/4\/9\/18.2-72","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-71.1\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapters 961<\/a> and 963<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":165259,"object_type":"law","relational_id":58717,"identifier":"18.2-71.1","token":"18.2\/4\/9\/18.2-71.1","url":"\/18.2-71.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-71.1\/","token":"18.2\/4\/9\/18.2-71.1","dublin_core":{"Title":"Partial birth infanticide; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-71.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who knowingly performs partial birth infanticide<\/span> and thereby kills a human infant is guilty of a Class 4 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For the purposes of this section, “partial birth infanticide<\/span>” means any deliberate act that (i) is intended to kill a human infant who has been born alive<\/span>, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed.\n\t\t\tThe term “partial birth infanticide<\/span>” shall not under any circumstances be construed to include any of the following procedures: (i) the suction curettage abortion procedure, (ii) the suction aspiration abortion procedure, (iii) the dilation and evacuation abortion procedure involving dismemberment of the fetus prior to removal from the body of the mother, or (iv) completing delivery of a living human infant and severing the umbilical cord of any infant who has been completely delivered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of this section, “human infant who has been born alive<\/span>” means a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence<\/span> of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For purposes of this section, “substantially expelled or extracted from its mother” means, in the case of a headfirst presentation, the infant’s entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant’s trunk past the navel is outside the body of the mother. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section shall not prohibit the use by a physician of any procedure that, in reasonable medical judgment<\/span>, is necessary to prevent the death of the mother, so long as the physician takes every medically reasonable step, consistent with such procedure, to preserve the life and health of the infant. A procedure shall not be deemed necessary to prevent the death of the mother if completing the delivery of the living infant would prevent the death of the mother. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The mother may not be prosecuted for any criminal offense<\/span> based on the performance of any act or procedure by a physician in violation of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPARTIAL BIRTH INFANTICIDE; PENALTY (\u00a7 18.2-71.1)\n\nA. Any person who knowingly performs partial birth infanticide and thereby kills\na human infant is guilty of a Class 4 felony.\n\nB. For the purposes of this section, “partial birth infanticide”\nmeans any deliberate act that (i) is intended to kill a human infant who has\nbeen born alive, but who has not been completely extracted or expelled from its\nmother, and that (ii) does kill such infant, regardless of whether death occurs\nbefore or after extraction or expulsion from its mother has been completed.\n\t\t\tThe term “partial birth infanticide” shall not under any\ncircumstances be construed to include any of the following procedures: (i) the\nsuction curettage abortion procedure, (ii) the suction aspiration abortion\nprocedure, (iii) the dilation and evacuation abortion procedure involving\ndismemberment of the fetus prior to removal from the body of the mother, or (iv)\ncompleting delivery of a living human infant and severing the umbilical cord of\nany infant who has been completely delivered.\n\nC. For the purposes of this section, “human infant who has been born\nalive” means a product of human conception that has been completely or\nsubstantially expelled or extracted from its mother, regardless of the duration\nof pregnancy, which after such expulsion or extraction breathes or shows any\nother evidence of life such as beating of the heart, pulsation of the umbilical\ncord, or definite movement of voluntary muscles, whether or not the umbilical\ncord has been cut or the placenta is attached.\n\nD. For purposes of this section, “substantially expelled or extracted from\nits mother” means, in the case of a headfirst presentation, the\ninfant’s entire head is outside the body of the mother, or, in the case of\nbreech presentation, any part of the infant’s trunk past the navel is\noutside the body of the mother.\n\nE. This section shall not prohibit the use by a physician of any procedure that,\nin reasonable medical judgment, is necessary to prevent the death of the mother,\nso long as the physician takes every medically reasonable step, consistent with\nsuch procedure, to preserve the life and health of the infant. A procedure shall\nnot be deemed necessary to prevent the death of the mother if completing the\ndelivery of the living infant would prevent the death of the mother.\n\nF. The mother may not be prosecuted for any criminal offense based on the\nperformance of any act or procedure by a physician in violation of this section.\n\nHISTORY: 2003, cc. 961, 963.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}