Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 313

313 Killing unborn child

(1) Any person who, when another person is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, the person would be deemed to have unlawfully killed the child, is guilty of a crime, and is liable to imprisonment for life.

(1A) A person does not commit an offence against subsection (1) by performing a termination, or assisting in the performance of a termination, under the Termination of Pregnancy Act 2018 .

Example—

See also the Termination of Pregnancy Act 2018 , section 10 in relation to a person’s criminal liability for a termination on themself.

(2) Any person who unlawfully assaults another person who is pregnant with a child and destroys the life of, or does grievous bodily harm to, or transmits a serious disease to, the child before its birth, commits a crime.

Penalty—

Maximum penalty—imprisonment for life.