Malicious Wounding of Pregnant Woman in Virginia
August 19, 2017 by Jean Humbrecht
Aggravated Malicious Wounding in Virginia is causing a permanent and significant physical impairment by wounding another person with the intent to maim, disable, disfigure or kill. It is punished with up to life in prison. Malicious Wounding of a pregnant woman in Virginia is a specific form of Aggravated Malicious Wounding.
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Click here for more information on Aggravated Malicious Wounding in Virginia.
Click here for more information on the difference between Malicious Wounding and Aggravated Malicious Wounding in Virginia.
Proof of Malicious Wounding of A Pregnant Woman in Virginia
Aggravated Malicious Wounding of a Pregnant Woman in Virginia is a Class 2 Felony
To convict an offender of Malicious Wounding of a pregnant woman in Virginia under Va. Code §18.2-51.2, the Commonwealth must prove that the offender:
- maliciously
- shot, stabbed, cut, or wounded
- a pregnant woman
- with intent to maim, disable, disfigure, kill, or cause early termination of pregnancy
- and the victim is severely injured and caused to suffer permanent and significant physical impairment
Maliciously means intentionally and without provocation. Malice can be inferred from the use of a deadly weapon.
Shot, Stabbed, Cut or Wounded: Wounding is any breaking of the skin caused by a weapon. Wounding can be caused by shooting, stabbing, cutting, or any other means.
Pregnant Woman: The offender does not need to know the woman is pregnant to be convicted of Malicious Wounding of a pregnant woman under Va. Code §18.2-51.2.
Intent to Maim, Disable, Disfigure, Kill, or Cause Early Termination of Pregnancy: The Commonwealth must prove that the offender intended to produce a permanent condition by either maiming, disabling, disfiguring, killing, or causing early termination of the woman’s pregnancy.
Severe Injury/Permanent and Significant Physical Impairment: Early termination of pregnancy is one form of permanent and significant physical impairment, but an offender can be convicted if a different physical impairment results, such as cosmetic disfigurement, scars, or loss of fine motor skills, among others.
Penalty for Malicious Wounding of A Pregnant Woman in Virginia
Malicious Wounding of a pregnant woman in Virginia under Va. Code §18.2-51.2 is a Class 2 felony. It is punished with 20 years up to life in prison and a fine up to $100,000.
Malicious Wounding of A Pregnant Woman in Virginia: Statute
§18.2-51.2. Aggravated malicious wounding; penalty.
B. If any person maliciously shoots, stabs, cuts or wounds any other woman who is pregnant, or by any other means causes bodily injury, with the intent to maim, disfigure, disable or kill the pregnant woman or to cause the involuntary termination of her pregnancy, he shall be guilty of a Class 2 felony if the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment.
C. For purposes of this section, the involuntary termination of a woman’s pregnancy shall be deemed a severe injury and a permanent and significant physical impairment.