The following would seem to indicate that Alaska has some degree of protection for the unborn.
AS 11.41.282. Assault of an Unborn Child in the Second Degree.
(a) A person commits the crime of assault of an unborn child in the second degree if
(1) with intent to cause physical injury to an unborn child or to another person, that person causes serious physical injury to an unborn child;
(2) that person recklessly causes serious physical injury to an unborn child; or
(3) that person recklessly causes serious physical injury to an unborn child by repeated assaults, even if each assault individually does not cause serious physical injury.
(b) Assault of an unborn child in the second degree is a class B felony.
AS 11.41.282. Assault of an Unborn Child in the Second Degree.
(a) A person commits the crime of assault of an unborn child in the second degree if
(1) with intent to cause physical injury to an unborn child or to another person, that person causes serious physical injury to an unborn child;
(2) that person recklessly causes serious physical injury to an unborn child; or
(3) that person recklessly causes serious physical injury to an unborn child by repeated assaults, even if each assault individually does not cause serious physical injury.
(b) Assault of an unborn child in the second degree is a class B felony.
Sounds good, doesn't it. Protecting the unborn, right? Our gov and the Legislature did good, right? BS.
AS 11.41.289. Applicability of S 11.41.280 and 11.41.282.
AS 11.41.280 and 11.41.282 do not apply to acts that
(1) cause serious physical injury or physical injury to an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented or a person authorized by law to act on her behalf consented, or for which consent is implied by law;
(2) are committed under usual and customary standards of medical practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy; or
(3) are committed by a pregnant woman against herself and her own unborn child.
Example:
Pregnant woman is using methamphetimines and other illegal drugs during pregnancy. The child is later born, the damage to the unborn is life-long from the drugs, and results in an obligation upon the State to provide healthcare and mental services for the child.
According to 11.41.289, because it was the woman doing the drugs, the unborn has no say, no rights, but the rest of us have to deal with the mess if the child is born. (????!!!!!) The mother should be held accountable. Period. Using drugs is illegal in the first place. How is it that when your drug use harms another, you are not held accountable?
I am certain every male pothead, methhead, and dope fiend in Alaska laments "Oh, to be a pregnant female."
Example:
Pregnant woman is living with an abusive spouse or boyfriend. The child is harmed by physical abuse, resulting in the miscarriage of child. Should the woman be held accountable under the law? YES. She enabled the abuser by failing to get the authorities involved. 11.41.280 needs to be expanded to cover enabling. Letting the guy or gal beat on her is her problem up until the pregnancy, afterwhich, the issue becomes the harm to the child. Her silence is assent to the harm to the child. She has a greater duty to the unborn, because the child is helpless, than in protecting her abuser. Again, society pays the price.
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Where were our Republican legislators' and their respect for life in the aforementioned statutes?
So much for the Gov's pogrom on abuse. Kind of dropped the round short, don't you think?
