Patterico's Pontifications

4/20/2003

KEEP TALKING, NOW: This story

Filed under: General — Patterico @ 7:39 am

KEEP TALKING, NOW: This story quotes the head of the Morris County chapter of the National Organization for Women (NOW) as opposing a double-murder charge in the Laci Peterson case based on the death of the fetus. “If this is murder, well, then any time a late-term fetus is aborted, they could call it murder,” this genius says.

Well, no. I am long past the point where I can reasonably expect a NOW representative to do some simple research before opening her mouth. So, Patterico will do her job for her, so that you, the reader, are not misled by this nonsense.

The movie industry makes sure you know that the Penal Code section for murder in California is section 187. Subdivision (b) of section 187 states:

“This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician’s and surgeon’s certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the mother of the fetus.”

In other words, abortion is never murder under California penal law. So maybe Scott Peterson can argue to a jury that Laci went along with a voluntary abortion before he decapitated her. Otherwise, he is facing double murder charges and a potential death penalty. And (listen up, NOW) none of this even remotely violates a woman’s precious, precious right to dismember her unborn child.

Got that?


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