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The Unborn Victims of Violence Act of 2004 (Public Law 108-212) is a United States law which recognizes a child in utero as a legal victim, if they are injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species ''Homo sapiens'', at any stage of development, who is carried in the womb".〔() Text of Unborn Victims of Violence Act.〕 The law is codified in two sections of the United States Code: Title 18, Chapter 1 (Crimes), §1841 (18 USC 1841) and Title 10, Chapter 22 (Uniform Code of Military Justice) §919a (Article 119a). The law applies only to certain offenses over which the United States government has jurisdiction, including certain crimes committed on Federal properties, against certain Federal officials and employees, and by members of the military. In addition, it covers certain crimes that are defined by statute as federal offenses wherever they occur, no matter who commits them, such as certain crimes of terrorism. Because of principles of federalism embodied in the United States Constitution, Federal criminal law does not apply to crimes prosecuted by the individual states. However, 38 states also recognize the fetus or "unborn child" as a crime victim, at least for purposes of homicide or feticide.〔() "State Homicide Laws That Recognize Unborn Victims."〕 The legislation was both hailed and vilified by various legal observers who interpreted the measure as a step toward granting legal personhood to human fetuses, even though the bill explicitly contained a provision excepting abortion, stating that the bill would not "be construed to permit the prosecution" "of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf", "of any person for any medical treatment of the pregnant woman or her unborn child" or "of any woman with respect to her unborn child." However, the reticence of a federal law to authorize federal prosecution of a particular act committed under federal jurisdiction does not prevent states from passing their own laws against the act committed under their jurisdiction. Meanwhile the definition of all unborn babies as “members of the species homo sapiens” in section (d) says essentially what proposed “personhood” laws say.〔(【引用サイトリンク】url=http://www.prolifealliance.com/life%20at%20conception%20act.htm )〕 Sponsors of such proposals say such legal language will trigger the “collapse” clause in Roe v. Wade, by establishing what Roe said must be established for legal abortion to end. 〔Roe v. Wade's "collapse" clause says: "The appellee and certain amici argue that the fetus is a “person” within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well-known facts of fetal development. ''If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the Amendment.'' The appellant conceded as much on reargument. On the other hand, the appellee conceded on reargument that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment."〕 Several state supreme courts have ruled that sections (a) through (c) are not threatened by Roe, 〔() Constitutional Challenges to State Unborn Victims (Fetal Homicide) Laws."〕 but no court has addressed whether Roe can survive the triggering of its “collapse” clause by section (d). The bill contained the alternate title of Laci and Conner's Law after the California mother (Laci Peterson) and fetus (Conner Peterson) whose deaths were widely publicized during the later stages of the congressional debate on the bill in 2003 and 2004 (see Scott Peterson and Laci Peterson). Scott Peterson was convicted of double homicide under California's fetal homicide law. ==History== Prior to enactment of the federal law, the child in utero was, as a general rule, not recognized as a victim of federal crimes of violence. Thus, in a federal crime that injured a pregnant woman and killed the child in utero," no homicide was recognized, in most cases.〔() "Some Cases of Homicides of Unborn Children under Federal or Military Jurisdiction," May 8, 2003. (Examples of fetal-death cases that could not be prosecuted prior to enactment of the Unborn Victims of Violence Act.)〕 One exception was the "born-alive rule," applied in ''US v. Spencer'', 839 F.2d 1341 (9th Cir. 1988), a case in which the child was born alive and died shortly afterwards; therefore there was no doubt that the decedent was once a living person under the law. The Unborn Victims of Violence Act was first introduced in Congress in 1999 by then-Congressman (later Senator) Lindsey Graham (R-SC). It passed the House of Representatives in 1999 and 2001, but not the Senate. In 2003, the bill was reintroduced in the House as H.R. 1997 by Rep. Melissa Hart of Pennsylvania. It was ultimately co-sponsored by 136 other members of the House before it passed by a vote of 254 in favor to 163 against on February 26, 2004. After several amendments were rejected, it was passed in the Senate by a vote of 61-38 on March 25, 2004. It was signed into law by President Bush on April 1, 2004. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Unborn Victims of Violence Act」の詳細全文を読む スポンサード リンク
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