Feticide in Georgia

Early on an August morning of this year—at exactly 2:20 a.m.—Cobb County resident Elvin Durant pulled out a black folding knife and stabbed his pregnant wife to death. Unfortunately, the unborn child also died. Durant was arrested and charged with felony murder, feticide and two counts of aggravated assault.

Feticide, along with other heinous crimes against children and women, are seldom discussed without feelings of anger and hostility. It is a crime, in which, society first wants to burn the accused at the stake before a verdict of guilt or innocence is determined. It is a crime that sparks outrage. The most famous case of feticide is the California case of Laci Peterson, who was murdered (along with her unborn child) by her husband, Scott Peterson, who was convicted and sentenced to death row.

Feticide Defined Under Georgia Law

Under O.C.G.A. 16-5-80(b), a person commits the offense of feticide if he or she willfully and without legal justification causes the death of an unborn child by any injury to the mother of such child, which would be murder if it resulted in death of such mother, or if he or she, when in the commission of a felony, causes the death of an unborn child. Further, Georgia law defines an “unborn child” as a member of the species homo sapiens at any stage of development who is carried in the womb. O.C.G.A. 16-5-80(a).

Punishment for Feticide

A person convicted of the offense of feticide shall be punished by imprisonment for life. If it is found that a person committed the offense of voluntary manslaughter of an unborn child when such person causes the death of an unborn child under circumstances which would otherwise be feticide. A person convicted of the offense of voluntary manslaughter of an unborn child shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 20 years. O.C.G.A. 16-5-80(c)(d)(e).

Vehicular Feticide & Penalties

When people do think about feticide, they immediately envision a person taking the life of a pregnant woman through an extreme act of violence such as the case of Elvin Durant. However, there are other causes of death to an unborn child that result in a feticide charge. Such causes of death include feticide by vehicle or vehicular feticide. A person commits the offense of feticide by vehicle in the first degree if he or she causes the death of an unborn child by an injury to the mother of such child which would be homicide by vehicle in the first degree if it resulted in the death of such mother. O.C.G.A. 40-6-393(b)(1).

Punishment for Vehicular Feticide

A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than three years nor more than 15 years.

Defenses Against a Feticide Charge

Have you been charged with feticide in Georgia? If so and depending on the circumstances surrounding your case, there may be a defense available to you against such a charge. The strongest defense available, if applicable, would be to prove that you did not have the intent to injure the mother or the unborn child. Thus, you did not intend to commit a crime. A similar defense would be to argue that the incident was an accident such as a pregnant woman tripping and falling over your feet at a football game as she walked down a set of bleachers. Georgia law also allows for the defense of legal justification. If you had legal justification for inflicting injury upon a person then you cannot be guilty of feticide.

Contact Bixon Law

Feticide is a serious criminal charge with serious penalties. At Bixon Law, we are experienced criminal defense attorneys who will investigate the circumstances of your case, accurately explain the options you have and work to get you the best possible outcome. If you or a loved one has been charged with feticide, please call us at 404-551-5684 for a free consultation today.