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Scott Peterson was tried and convicted of double homicide. Not one homicide and one feticide.It is not concidered a murder of an unborn.
The feticide laws and or or the UVVA ( unborn victims of violence act ) recognize abortion is legal.
The law only takes affect if an unborn was killed during a crime against the pregnant woman.
When an unborn is killed during an attack on the woman feticide laws may be used against the attacker.
The attacker is charged with violating the feticide law or the UVVA.
Roe v Wade is a SC decision that held that state abortion laws violate the Due process clause in the fourteenth amendment,
which protects individuals against state action that infringes on their privacy.
The UVVA and state feticide laws passed under Roe vs Wade because it explicitly identified "abortion' is an activity that can't be prosecuted when the abortion is obtained with the consent of the pregnant woman or individual authorized to act on her behalf.
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The feticide laws apply only when a crime against the woman was made.
All state feticide laws have a clause specifing that nothing in the act shall make it a crime to perform or obtain an abortion that is otherwise legal.
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