@mott-the-hoople said
Wrong...
"Because of principles of federalism embodied in the United States Constitution, federal criminal law does not apply to crimes prosecuted by the individual states. However, 38 states also recognize the fetus or "unborn child" as a crime victim, at least for purposes of homicide or feticide."
https://www.nrlc.org/federal/unbornvictims/statehomicide ...[text shortened]... /en.wikipedia.org/wiki/Unborn_Victims_of_Violence_Act
And you still haven't answered my question.
My post is still 100% correct; the States that did so added specific language that made the death of a fetus punishable under certain statutes in some cases.
You'd have to specify the State; in mine, the death of a nonviable fetus cannot be homicide under any circumstances:
"S 125.00 Homicide defined.
Homicide means conduct which causes the death of a person or an unborn child with which a female has been pregnant for more than twenty-four weeks under circumstances constituting murder, manslaughter in the first degree, manslaughter in the second degree, criminally negligent homicide, abortion in the first degree or self-abortion in the first degree.
S 125.05 Homicide, abortion and related offenses; definitions of terms.
The following definitions are applicable to this article:
1. "Person," when referring to the victim of a homicide, means a human being
who has been born and is alive.
NY Penal Law 125.00, 125.05. http://ypdcrime.com/penal.law/article125.htm#p125.05