http://www.cnn.com/2003/LAW/08/22/fetal.homicide.ap/index.html
In this case a woman attacked and beat another woman with the specific intent of causing her to miscarry. She succeeded,and was tried and convicted of 3rd degree homicide for the death of the fetus. Her conviction was just upheld.
She was convicted in Penn. She is serving a 7- to 20-year prison term. 2 dozen other states have fetal homicide laws.
The law is long (for the whole thing read here: http://www.peopleforlife.org/s45.html) but permits no liablity in the following cases:
NONLIABILITY. --NOTHING IN THIS CHAPTER SHALL IMPOSE CRIMINAL LIABILITY:
(1) FOR ACTS COMMITTED DURING ANY ABORTION OR ATTEMPTED ABORTION, WHETHER LAWFUL OF UNLAWFUL, IN WHICH THE PREGNANT WOMAN COOPERATED OR CONSENTED.
(2) FOR THE CONSENSUAL OR GOOD FAITH PERFORMANCE OF MEDICAL PRACTICE, INCLUDING MEDICAL PROCEDURES, DIAGNOSTIC TESTING OR THERAPEUTIC TREATMENT, THE USE OF AN INTRAUTERINE DEVICE OR BIRTH CONTROL PILL TO INHIBIT OR PREVENT OVULATION, FERTILIZATION OR THE IMPLANTATION OF A FERTILIZED OVUM WITHIN THE UTERUS.
(3) UPON THE PREGNANT WOMAN IN REGARD TO CRIMES AGAINST HER UNBORN CHILD
Should the woman in this case have been convicted only of assault on the woman?
Can fetal homicide be enforced without coming into conflict with existing abortion laws?