# Legal distinction between fetus and person **URL:** \ **Category:** Factual Questions\ **Created:** [April 8, 2014, 7:20pm UTC](https://boards.straightdope.com/t/legal-distinction-between-fetus-and-person/685662 "2014-04-08T19:20:11Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![am77494](https://avatars.discourse-cdn.com/v4/letter/a/d2c977/32.png) [@am77494](https://boards.straightdope.com/u/am77494)\ **Post date:** [April 8, 2014, 7:20pm UTC](https://boards.straightdope.com/t/legal-distinction-between-fetus-and-person/685662/1 "2014-04-08T19:20:11Z")
This is in context to the US states and specifically in regards to homicide. I like watching TV crime shows like Law and Order, … Sometimes, the crime is about the murder of a pregnant woman and the detectives try to establish if the fetus had taken a breath (by looking at the lungs during autopsy). If the fetus is found to have taken a breath then it is considered a person and the murderer is charged with two murders (the mother and the child). If not, there is only one murder since the fetus is not considered a person. In this context (homicide of pregnant mom), is the legal distinction between fetus and person the same in all states ? If not, what are some of the other definitions ? ---
**Author:** ![ThisUsernameIsForbidden](https://avatars.discourse-cdn.com/v4/letter/t/b4bc9f/32.png) [@ThisUsernameIsForbidden](https://boards.straightdope.com/u/ThisUsernameIsForbidden)\ **Post date:** [April 8, 2014, 7:47pm UTC](https://boards.straightdope.com/t/legal-distinction-between-fetus-and-person/685662/2 "2014-04-08T19:47:30Z")
> **[Foeticide | Laws in the United States](https://en.wikipedia.org/wiki/Feticide#Laws_in_the_United_States)** > > In the U.S., most crimes of violence are covered by state law, not federal law. 38 states currently recognize the unborn child (the term usually used) or fetus as a homicide victim, and 29 of those states apply this principle throughout the period of pre-natal development. These laws do not apply to legally induced abortions. Federal and state courts have consistently held that these laws do not contradict the U.S. Supreme Court's rulings on abortion. > In 2004, Congress enacted, and President Bus... ---
**Author:** ![am77494](https://avatars.discourse-cdn.com/v4/letter/a/d2c977/32.png) [@am77494](https://boards.straightdope.com/u/am77494)\ **Post date:** [April 8, 2014, 7:53pm UTC](https://boards.straightdope.com/t/legal-distinction-between-fetus-and-person/685662/3 "2014-04-08T19:53:40Z")
> [@ThisUsernameIsForbidden](#): > > [Foeticide - Wikipedia](http://en.wikipedia.org/wiki/Feticide#Laws_in_the_United_States) Thank you for the succinct and fast answer.