TCA 39-13-107
Fetus as victim
PENDINGUnknown
What does this charge mean?
For purposes of crimes against the person, the law treats a human embryo or fetus at any stage of development in the womb the same as a person—meaning crimes against a fetus can be prosecuted. However, this does not apply to the pregnant woman herself, lawful medical procedures a pregnant woman consents to, or prior abortion-related laws.
Penalty Details
ClassificationUnknown
Penalty SummaryClassification not specified
(a) For the purposes of this part, “another,” “individuals,” and “another person” include a human embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any act made criminal by this part. (b) Nothing in this section shall be construed to amend [former] § 39-15-201 [repealed], or §§ 39-15-203 – 39-15-205 and 39-15-207. (c) Nothing in subsection (a) shall apply to any act or omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant, or to any lawful medical or surgical procedure to which a pregnant woman consents, performed by a health care professional who is licensed to perform such procedure.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
PENDING
TCA Section39-13-107