Feticide Defense in Louisiana

Written by Jarrett Ambeau, trial attorney, court-qualified forensic DNA expert, and lead counsel at The Ambeau Law Firm.

What is feticide in Louisiana? Under La. R.S. 14:32.5, feticide is the killing of an unborn child by someone other than the mother. It excludes consented abortions, emergency procedures, and customary medical care. Feticide comes in three grades, carrying penalties from a fine and up to five years to as much as fifteen years at hard labor.

Feticide is a rarely charged but very serious offense, and it often arises in emotionally charged circumstances, such as a car accident, an act of violence against a pregnant woman, or a medical situation. The grades range widely, and so do the penalties. Which grade the state pursues, and whether the facts fit any grade at all, is the core of the defense.

I am Jarrett Ambeau. I have tried more than sixty felony jury trials to verdict, and I am a court-qualified forensic DNA expert. Feticide cases frequently turn on medical and forensic evidence about cause of death, which is exactly where I focus.

Quick answers

• What it is: the killing of an unborn child by someone other than the mother, under La. R.S. 14:32.5.
• The penalty: up to 15 years (first degree), up to 10 years (second degree), or a fine and up to 5 years (third degree).
• The key issue: whether the state can prove the required intent or negligence and that the acts fell outside the statute’s medical exceptions.
• What to do first: say nothing to police and call a Louisiana trial lawyer before any questioning.

The three grades of feticide in Louisiana

La. R.S. 14:32.5 divides feticide into three grades:

• First degree feticide (La. R.S. 14:32.6): a killing with specific intent to kill or inflict great bodily harm, or during a listed felony. Up to fifteen years at hard labor.
• Second degree feticide (La. R.S. 14:32.7): a killing in sudden passion or heat of blood, or during certain other felonies without intent to kill. Up to ten years at hard labor.
• Third degree feticide (La. R.S. 14:32.8): a killing by criminal negligence, or caused by an impaired or intoxicated driver. A fine of at least two thousand dollars and up to five years.

Elements the State must prove

Depending on the grade charged, the state must prove beyond a reasonable doubt:

• A qualifying death. The killing of an unborn child, as defined by the statute.
• The required mental state. Specific intent, sudden passion, or criminal negligence, depending on the grade.
• Causation. That the defendant’s act, procurement, or culpable omission caused the death.
• That an exception does not apply. That the conduct was not a consented abortion, an emergency procedure, or customary medical care.

What happens after a feticide arrest in Louisiana?

Take a man named Joe. Within seventy-two hours of arrest he has an initial appearance where bond is addressed. Because feticide is a felony, if he stays in custody the state generally has sixty days to obtain a charging instrument. Then comes arraignment, the motions phase, and trial. In the motions phase we test the medical and forensic evidence, the cause-of-death findings, and any statements, which is where a feticide case is often shaped.

What are the defenses to feticide?

The defenses that come up most often include:

• Statutory exception. That the acts fell within a consented abortion, an emergency procedure, or customary medical practice.
• Causation. That an independent cause, not the defendant’s conduct, brought about the death.
• No qualifying mental state. That the facts do not establish the intent or the criminal negligence the charged grade requires.
• Challenging impairment. In a third degree case, contesting the chemical testing and the claim of impairment.
• Medical and forensic challenges. Testing the cause-of-death conclusions and the reliability of the state’s experts.

How we defend a feticide case

Because I am a court-qualified forensic DNA expert, I scrutinize the medical and scientific evidence rather than accepting the state’s summary. Cause of death and causation are frequently argued as certainties when they are not. You can read more on our forensic DNA page.

We also do the ground work: we gather the evidence, talk to witnesses, and consult the right experts. With more than sixty felony jury trials to verdict, we prepare every case for trial. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

What is feticide in Louisiana?

Under La. R.S. 14:32.5, feticide is the killing of an unborn child by the act, procurement, or culpable omission of someone other than the mother. It does not include a lawful consented abortion, an emergency procedure, or acts within customary medical practice. Feticide has three grades, first, second, and third degree, each with its own elements and penalty.

What are the penalties for feticide in Louisiana?

They depend on the grade. First degree feticide under La. R.S. 14:32.6 carries up to fifteen years at hard labor. Second degree feticide under La. R.S. 14:32.7 carries up to ten years at hard labor. Third degree feticide under La. R.S. 14:32.8 carries a fine of at least two thousand dollars and up to five years, with or without hard labor.

Can feticide be charged after a car accident in Louisiana?

It can. Third degree feticide under La. R.S. 14:32.8 specifically reaches the death of an unborn child caused by an impaired or intoxicated driver, among other things. Whether the state can prove impairment, causation, and that the acts fell outside lawful medical care are all issues a defense lawyer will examine closely.

Does feticide apply to the mother of the unborn child?

No. By its own terms, La. R.S. 14:32.5 defines feticide as a killing committed by someone other than the mother of the unborn child. The statute also carves out consented abortions, emergency procedures, and customary medical diagnostic or therapeutic treatment. Those exceptions are often central to how one of these cases is defended.

Talk to a Louisiana feticide defense lawyer

A few quick questions help us understand your situation: Has an arrest already happened? Is the case in state or federal court? Does the evidence involve forensic or medical testing? If you or a loved one is facing a feticide charge, do not wait. Check Jarrett’s availability for your case or call 225-330-7009.

Louisiana statute reference

Feticide is defined at La. R.S. 14:32.5, with grades at 14:32.6, 14:32.7, and 14:32.8. Statutes change, so verify the current text at the Louisiana State Legislature. Feticide is the killing of an unborn child by the act, procurement, or culpable omission of a person other than the mother, and does not include a consented or emergency abortion or customary medical practice. First degree feticide is punishable by up to fifteen years at hard labor, second degree by up to ten years, and third degree by a fine of at least two thousand dollars and up to five years.

Source: La. R.S. 14:32.5-32.8, third degree as amended through Acts 2024, No. 662.