SS#3/SCS/HS/HCS/HBs 427, 40, 196 & 404 This act creates the crime of infanticide. The act defines "born" as a complete separation of the child from its mother; "living infant" as a human child, alive as determined by usual and customary standards of medical practice and not dead as determined in accordance with Section 194.005, RSMo; and "partially born" as a partial separation of the child from its mother, with the head intact.

A person commits infanticide by causing the death of a living infant through an overt act performed when the infant is partially born or born. Only the person performing the overt act will be culpable, unless a person takes a substantial step that results in the death of the living infant. A physician using procedures consistent with the usual and customary standards of medical care to save the life of the mother or unborn or partially born child shall not be criminally responsible under this act. In no event shall the mother be criminally responsible for the physician's acts if the physician is not responsible.

The provisions of this section will not apply to any person who performs or attempts to perform a legal abortion if the act that causes the death of the child is performed before the child is partially born. Nothing in this section shall exclude the defenses otherwise available under Chapters 562 and 563, RSMo.

This act is substantially similar to SB 345 and SB 274 (1999).
ERIN MOTLEY