TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 40

HOMICIDE

18-4016.  Definition of human embryo and fetus — Prohibiting the prosecution of certain persons. (1) For purposes of this chapter "embryo" or "fetus" shall mean any human in utero.

(2)  Nothing in this chapter, arising from the killing of an embryo or fetus, shall be construed to permit the prosecution:

(a)  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, has been obtained or for which such consent is implied by law;

(b)  Of any person for any medical treatment of the pregnant woman or her embryo or fetus; or

(c)  Of any woman with respect to her embryo or fetus.

(3)  Nothing in this chapter is intended to amend or nullify the provisions of chapter 6, title 18, Idaho Code.

History:

[18-4016, added 2002, ch. 330, sec. 3, p. 936; am. 2002, ch. 337, sec. 1, p. 953.]