born alive rule
wisconsin laws

Common Law Born Alive Rule

The born alive rule exists in a majority of states across the United States. The born alive rule requires that a fetus be born before it can be murdered for the purposes of meeting the burden of proof in a criminal case involving the death of a fetus. A minority of states do not recognize an unborn fetus rule; Wisconsin is among the minority.

Wisconsin Law On Born Alive Rule

Under Wisconsin laws, committing an intentional homicide against an unborn fetus is illegal.

A person who commits an intentional homicide against an unborn fetus does so with the mental intent to cause the death of the fetus, the mother or another person. Mental intent is a criminal element of murder.

Abortions

Under Wisconsin laws, an abortion may be performed upon a fetus in the first trimester of pregnancy. A first trimester abortion is not a crime in Wisconsin. A fetus that is more than three months old may not be terminated by any doctor, medical facility or abortion clinic in the state of Wisconsin. Wisconsin residents who seek an abortion after the first trimester must do so outside the state of Wisconsin; those who do are not guilty of any crime.

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