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Ind. Code § 35-41-3-12

Defense to crime involving the death of or injury to a fetus; exceptions

As added by P.L.179-2022(ss), SEC.48.

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).

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.