Feticide is the intentional destruction of a fetus. At common law, a human being could not be the victim of criminal homicide unless it was born alive. 1The Model Penal Code takes this approach and defines human being as “a person who has been born and is alive” (Model Penal Code § 210.0 (1)). The modern trend in many jurisdictions is to include the fetus as a victim in a criminal homicide or feticide statute, excepting abortion. The definition of fetus is either set forth in the criminal homicide or feticide statute or created by case law. Many states and the federal government consider an embryo a fetus from the time of conception. 2 Other states determine that a fetus is formed when the child has “quickened,” or is able to move within the womb—about four to five months after conception. 3 A few states do not consider the fetus a victim of criminal homicide or feticide until it is viable and can survive outside the womb. 4
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