New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 54B

54B Offence of causing loss of a foetus (death of pregnant woman)

(1) A person commits an offence against this section (an
"offence of causing the loss of a foetus (death of pregnant woman)" ) if--

(a) the person's act or omission constitutes an offence under a homicide provision (the
"relevant homicide provision" ), and

(b) the victim of the offence is a pregnant woman, and

(c) the act or omission includes causing the loss of the pregnant woman's foetus.

(2) A person may be charged with an offence of causing the loss of a foetus (death of pregnant woman) in relation to an act or omission of the person only if the person is also charged with an offence under the relevant homicide provision in relation to the same act or omission.

(3) A person who commits an offence of causing the loss of a foetus (death of pregnant woman) is liable for a maximum penalty of 3 years' imprisonment.

(4) In a proceeding for an offence of causing the loss of a foetus (death of pregnant woman) it is not necessary for the prosecution to prove that the defendant knew, or ought reasonably to have known, that the woman was pregnant.

(5) This section does not apply to--

(a) the termination of a pregnancy under the Abortion Law Reform Act 2019 , or

(b) an act or omission of a pregnant woman that results in the loss of the woman's foetus.

(6) In this section--

"foetus" means a foetus--

(a) of at least 20 weeks' gestation, or

(b) if it is not possible to reliably establish the period of gestation--that has a body mass of at least 400 grams.

"homicide provision" means the following provisions--

(a) section 18,

(b) section 25A(1),

(c) section 25A(2),

(d) section 25C,

(e) section 52A(1),

(f) section 52A(2),

(g) section 52AB(1),

(h) section 52B(1),

(i) section 52B(2),

(j) section 93O.