If a person murders a pregnant woman but truly didn’t know she was pregnant at the time, should they be charged with one count of murder or two?

[Anonymous]

What’s your opinion?

[RavVid]

Something related happened locally. A women was shot and the foetus was also injured. The question was whether the foetus was a person? The other interesting thing was abortion had just been legislated.

Thanks to the miracle of common law it was found the foetus was a person and entitled to compensation. How that reconciles with a foetus not being a person for abortion purposes I won't attempt.

So in one jurisprudence at least it has been found a foetus is a person and where I am the scenario should result in two murder charges or one charge of murder plus one of manslaughter. It might not in your jurisprudence.

Generally Anglo sphere courts are often influenced by each other.

[Flatmanlewis]

It’s not a matter of opinion, so much a matter of agreeing with current law in California. We get a lot wrong but at least we recognize if you kill a pregnant woman that’s two counts of murder.


The hypocrisy of it is if SHE kills her own baby we call it a choice and applaud her. So stupid.

[DarkLegacy]

Quite right

[BearKitty]

Um, in Texas a man gave his wife abortion pills without her knowing and caused serious medical issues to her and the child and he got sentenced to less than if she were to take the pills willingly herself. How is that okay?

[Flatmanlewis]

I can’t say that it is okay. Sounds like a travesty of Justice. Jury’s can be deeply flawed.

[IslaTheWitch]

two, multiplied by ten, they shouldn't kill anyway, so lacking knowledge of the pregnancy of the victim is not an excuse. They made a decision and must bear the consequences.

[adventurous-1]

Two defiantly, two lives were taken whether they knew it or not. If you shot and killed someone by accident should you be charged with a crime as it wasn't an intentional act. A life was lost so there should be an accountability for the act and some form of justice rendered.

[JacobJordan]

It depends on the law, and how far along she was. If she was 1 day to around 4 ish months generally it will not be 2 counts. 5-6 months gets a bit tricky and then 6-7+ it is almost always double homicide

[docster]

I would say two. Just like someone who sets fire to a house they think is empty and it kills someone inside. They are still charged for that person's death.

[BonzoInBitburg]

Maybe its 1 count of murder and 1 count of medical malpractice. Performing an abortion without a license

[BCA6010]

At the very least, it would be murder and a variation manslaughter. Still responsible for two deaths.

[Finchie40]

2 counts of murder , because nobody should be killing anyone period

[Dargil]

Two, in many states. Besides. Ignorance of the law and mitigating factors does not change the offense. You still committed murder.

[firenine909]

2 for 1 murder package special. You’re murdering 2 parents if they knew she was pregnant

[DarkLegacy]

In the UK it is called child destruction not murder and it carries a lesser sentence.

[Anonymous]

Even if he knew she was pregnant, you cannot argue it is double murder without also arguing that abortion is premeditated murder. Think about it.

[Snakeyes7]

One count. The baby is just a clump of cells after all. At least that's what these pro-choice activist keep telling me.

[KrakenAttackin]

Absolutely they should be charged with the second murder.

[spartan55]

Hell yeah they should.

[LazerBean]

Two. It makes no difference that he didn't know.