I agree but as noted there are not a whole lot of them anyway in South Dakota.
I think where you will see the loophole manifest more is in pregnant women killing other people.
No, I do not think they will all start plotting murder.
Think about it though.
Women already have self defense protection same as everyone.
Now pregnant women can fall back on the worry not just for their life but also for their unborn child’s life.
Look at the law and consider the implications.
Does a woman have to know, 100%, she is pregnant or just believe she is pregnant (I do not know…I am really asking)? Imagine she missed her period and told her BF she is pregnant and things go south from there. She kills the boyfriend in the ensuing fight.
So does it matter if she was actually pregnant or just that she thought she was pregnant?
Also, the law notes, “…harm the unborn child of such person in a manner and to a degree likely to result in the death of the unborn child…”.
Are people doctors? Who can possibly discern where that line is drawn? Pregnancies are delicate things (don’t most pregnancies miscarry as a matter of nature?). Stress can cause a miscarriage. Lots of things can. How will the law in a court room decide where “likely to result in the death of the unborn” is? Who is supposed to know that? How can they know that?
Make no mistake before you all pile on. I am not suggesting women will start planning murders because of this and use this as cover. More I think things will continue as normal but now a woman who kills (and would have anyway with or without this law) has an additional hidey-hole to evade prosecution.
Lawyers have used the Twinkie Defense. Surely they will use this if they can.