§ 22-73. Deadly force to protect unborn justified - Circumstances.

A.  A pregnant woman is justified in using force or deadly force against another to protect her unborn child if:

1.  Under the circumstances as the pregnant woman reasonably believes them to be, she would be justified in using force or deadly force to protect herself against the unlawful force or unlawful deadly force she reasonably believes to be threatening her unborn child; and

2.  She reasonably believes that her intervention and use of force or deadly force are immediately necessary to protect her unborn child.

B.  This affirmative defense to criminal liability does not apply to:

1.  Acts committed by anyone other than the pregnant woman;

2.  Acts where the pregnant woman would be obligated to retreat, to surrender the possession of a thing, or to comply with a demand before using force in self-defense.  However, the pregnant woman is not obligated to retreat before using force or deadly force to protect her unborn child, unless she knows that she can thereby secure the complete safety of her unborn child; or

3.  The defense of human embryos existing outside of a woman’s body.

Added by Laws 2009, c. 61, § 4, eff. Nov. 1, 2009.