Effective 9-15-2022.
Sec. 12. (a) It is a defense to any crime involving the death of or injury to a fetus that the defendant was a pregnant woman who committed the unlawful act with the intent to terminate her pregnancy.
(b) Except as provided in subsection (c), it is a defense to any crime involving the death of or injury to a fetus that the mother of the fetus requested that the defendant terminate her pregnancy, and that the death or injury to the fetus was the result of the defendant's termination or attempted termination of her pregnancy.
(c) Subsection (b) is not a defense to:
(1) performing an unlawful abortion under IC 16-34-2-7; or
(2) feticide (IC 35-42-1-6).
As added by P.L.179-2022(ss), SEC.48.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 41. Substantive Criminal Provisions
Chapter 3. Defenses Relating to Culpability
35-41-3-2. Use of Force to Protect Person or Property
35-41-3-3. Use of Force Relating to Arrest or Escape
35-41-3-6. Mental Disease or Defect
35-41-3-11. Mental Disease or Defect; Use of Justifiable Reasonable Force
35-41-3-12. Defense to Crime Involving the Death of or Injury to a Fetus; Exceptions