8.3.3: Feticide

Feticide is the intentional destruction of a fetus. At common law, a human being could not be the victim of criminal homicide unless it was born alive (Keeler v. Superior Court, 2010). The Model Penal Code takes this approach and defines human being as “a person who has been born and is alive” (Model Penal Code § 210.0 (1)). The modern trend in many jurisdictions is to include the fetus as a victim in a criminal homicide or feticide statute, excepting abortion. The definition of fetus is either set forth in the criminal homicide or feticide statute or created by case law.

Some states and the federal government consider an embryo a fetus from the time of conception. A few states do not consider the fetus a victim of criminal homicide or feticide until it is viable and can survive outside the womb (Ind. Code, 2010).

California defines a fetus as “an unborn human being that has progressed beyond the embryonic stage after major structures have been outlined, which typically occurs at seven to eight weeks after fertilization (CalCrim 520, 2024).”

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