Tennessee § 39-13-107 - Fetus as victim.

§ 39-13-107. Fetus as victim.

For the purposes of this part, “another,” “individuals,” and “another person” include a human embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any act made criminal by this part. Nothing in this section shall be construed to amend § 39-15-201, or §§ 39-15-203 — 39-15-205 and 39-15-207. Nothing in subsection (a) shall apply to any act or omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant, or to any lawful medical or surgical procedure to which a pregnant woman consents, performed by a health care professional who is licensed to perform such procedure. Acts 1989, ch. 591, § 1; 2011, ch. 408, § 1; 2012, ch. 1006, §§ 3, 4; 2014, ch. 820, §§ 1, 2. Sentencing Commission Comments. This section represents a major change in Tennessee law. See § 39-13-214 . Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 820 took effect on April 28, 2014. The 2014 amendment, effective until July 1, 2016, substituted “lawful act or lawful omission” for “act or omission” at the beginning of (c)(1) and added (c)(2) and (c)(3) which read: “(c)(2) Notwithstanding subdivision (c)(1), nothing in this section shall preclude prosecution of a woman for assault under § 39-13-101 for the illegal use of a narcotic drug, as defined in § 39-17-402 , while pregnant, if her child is born addicted to or harmed by the narcotic drug and the addiction or harm is a result of her illegal use of a narcotic drug taken while pregnant. ”(c)(3) It is an affirmative defense to a prosecution permitted by subdivision (c)(2) that the woman actively enrolled in an addiction recovery program before the child is born, remained in the program after delivery, and successfully completed the program, regardless of whether the child was born addicted to or harmed by the narcotic drug.” Cross-References. Fetus as victim, § 39-13-214 . Law Reviews. Denying the Dyad: How Criminalizing Pregnant Drug Use Harms the Baby, Taxpayers and Vulnerable Women, 82 Tenn. L. Rev. 745 (2015). No Safe Harbors: Examining the Shift From Voluntary Treatment Options to Criminalization of Maternal Drug Use in Tennessee, 46 U. Mem. L. Rev. 203 (2015). Attorney General Opinions. Constitutionality of including a non-viable fetus as a victim of certain crimes. OAG 10-69, 2010 Tenn. AG LEXIS 75 (5/20/10). Liability for infants born with narcotic drug dependency. OAG 13-01 (revised), 2013 Tenn. AG LEXIS 12 (2/1/13).