Someone shoots a gun. I don't know what they were aiming at. It goes through a window and strikes a woman who's about 7 or 8 months pregnant. The sex of the fetus is known. The baby's name was already decided. But it dies. The woman lives.
2007-07-01 13:51:57 · 10 answers · asked by Bob Little 4 in Politics & Government ➔ Law & Ethics
To answers questions below...I'm just wondering what people here think. This really happened, recently. I do not know if the shooter has been found.
2007-07-01 14:00:08 · update #1
By the way...My own suspicion is that it's a weapons charge and an endangerment charge, not manslaughter and certainly not murder. I don't like it, but that seems to be how the law stands.
2007-07-01 14:05:20 · update #2
In response to answers...Location of the incident was Dallas, Texas.
2007-07-01 14:16:58 · update #3
I would say negligent homicide or involuntary manslaughter.
2007-07-01 13:57:23 · answer #1 · answered by Charlie 3 · 1⤊ 0⤋
If the baby was born and then died it would be atleast manslauter- but becasue it was a baby probably murder in the 1st or second degree- if the baby died in the womb it would only be assault with a deadly weapon or a possible attempted murder on the woman not the baby- as unborn children have no rights untill they are actually born and breathing--- why do you want to know this? It would be at least manslauter if the baby was born and then died-- you are talking about Texas- the state that has the most ppl on deathrow and really goes through with it! plus it is a blue state- if it went to a trial this is what a jury would convict of what I said above- if he plead out- which i doubt a DA would go for anything less than manslauter again if the baby was born and then died. Assault w/a deadly weapon is an obvious charge and I agree a fire arm charge would be added on. Now you only get accidental charges for situations in where you were not trying to cause harm to anyone- weather it be the victim (lady and baby) or someone- the person perp meant to shoot- who got away- and if you are shooting a gun and it is not at a deer or a burglar- then you are trying to cause harm w/o proper reason-
2007-07-01 20:57:03 · answer #2 · answered by Anonymous · 0⤊ 2⤋
Laws vary by where you are. The most serious charge would probably be some form of homicide. Murder usually requires intent to kill. If this happens in an area that does not allow homicide charges for killing an unborn child, the charge would probably be reckless endangerment or assault with a deadly weapon. In may cites, discharging a weapon is illegal even if you don't hit anything.
Responding to your additional information: Some states do consider it murder if an unborn child is killed in an assault on the mother. If this is an actual case, post WHERE it occurred and you may get answers that are accurate for the location in question.
2007-07-01 21:07:06 · answer #3 · answered by STEVEN F 7 · 0⤊ 1⤋
If the person shot into the home on purpose I suspect the DA would go for voluntary manslaughter.
If the discharge was accidental involuntary manslaughter.
Plus discharging a weapon in city limits. There are a number of options for other charges depending on: Is the person a Felon? On Parole or Probation? Age? Stolen weapon etc etc.
2007-07-01 21:42:47 · answer #4 · answered by Stand-up philosopher. It's good to be the King 7 · 0⤊ 1⤋
2nd degree murder if they purposely shot into the home knowing people were inside.
Involuntary manslaughter if they were reckless when shooting the gun.
Really not enough facts to say though.
2007-07-01 22:03:33 · answer #5 · answered by YBMEUBU 3 · 0⤊ 0⤋
Manslaughter-or in some states it would be negligent homicide.It depends on the DA
2007-07-01 20:59:57 · answer #6 · answered by dymond 6 · 1⤊ 0⤋
Oh, i just know this is somebody who's against abortion and will follow up with the question: if killing a fetus accidently is murder--and actually, it would be negligent homicide-- isn't abortion?
But one's legal and the other isn't.
2007-07-01 20:57:50 · answer #7 · answered by Anonymous · 0⤊ 1⤋
depends on where you are...
most likely since the baby died they would be charged with negligent homicide or voluntary manslaughter at the least.
2007-07-01 20:56:15 · answer #8 · answered by Chrissy 7 · 0⤊ 1⤋
The charge will vary from state to state.
2007-07-01 20:59:37 · answer #9 · answered by Crystal 4 · 0⤊ 1⤋
murder#1up to involuntary man slaughter.
2007-07-01 21:00:07 · answer #10 · answered by roy40371 4 · 0⤊ 2⤋