Indiana statute
Ind. Code § 35-41-3-12 — Defense to crime involving the death of or injury to a fetus; exceptions
Current through 2026 Regular Session
Part of Chapter 3: Defenses Relating to Culpability, Indiana Code.
Full text of Ind. Code § 35-41-3-12
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
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 ).
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