North Carolina § 14-23 - 7. Exceptions.

§ 14-23. 7. Exceptions.

Nothing in this Article shall be construed to permit the prosecution under this Article of any of the following: Acts which cause the death of an unborn child if those acts were lawful, pursuant to the provisions of G.S. 14-45.1. Acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment. Acts committed by a pregnant woman with respect to her own unborn child, including, but not limited to, acts which result in miscarriage or stillbirth by the woman. The following definitions shall apply in this section: Miscarriage. - The interruption of the normal development of an unborn child, other than by a live birth, and which is not an induced abortion permitted under G.S. 14-45.1, resulting in the complete expulsion or extraction from a pregnant woman of the unborn child. Stillbirth. - The death of an unborn child prior to the complete expulsion or extraction from a woman, irrespective of the duration of pregnancy and which is not an induced abortion permitted under G.S. 14-45.1. History (2011-60, s. 2.) Editor's Note. - Session Laws 2011-60, ss. 4-7, provide: "SECTION 4. This act shall not be construed to impose criminal liability on an expectant mother who is the victim of acts of domestic violence which cause injury or death to her unborn child. The term 'domestic violence' is defined in Chapter 50B of the General Statutes. "SECTION 5. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. "SECTION 6. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable. "SECTION 7. A prosecution for or conviction under this act is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct."