felony murder; unborn child

Plain English Breakdown

The official source lists specific crimes that trigger felony murder charges; any general reference to 'certain crimes' must be understood to mean only those explicitly listed in Section A, Paragraph 2 of ARS 13-1105.

HB2043: First Degree Felony Murder for Unborn Children

This bill changes Arizona law to say that causing the death of an unborn child while committing or fleeing from certain listed crimes counts as first-degree felony murder.

What This Bill Does

• Specifies that killing an unborn child while committing, furthering, or immediately fleeing from a listed crime is considered first-degree felony murder.
• States that this rule applies to an unborn child in the womb at any stage of development.
• Amends section 13-1105 of the Arizona Revised Statutes to include these definitions and exceptions.

Who It Names or Affects

• People who commit specific crimes listed in the law and cause the death of an unborn child during those acts or while fleeing.
• Unborn children at any stage of development inside the womb.

Terms To Know

First degree felony murder

A crime where a person causes death, including that of an unborn child, while committing or fleeing from specific serious offenses listed in the law.

Unborn child

The law defines this as a human being in the womb at any stage of development for purposes of first-degree murder charges.

Limits and Unknowns

• A person cannot be prosecuted under these rules if they were performing an abortion with proper consent or medical authorization.
• The mother of the unborn child cannot be prosecuted under this law for causing harm to her own unborn child.
• Medical treatment provided to a pregnant woman or her unborn child is not covered by these murder charges.

Official Summary Text

HB2043 - 572R - Senate Fact Sheet

Assigned to
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COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
H.B. 2043

felony murder; unborn
child

Purpose

Specifies that
causing the death of an unborn child in the course of, furtherance of or
immediate flight from an offense is considered first degree felony murder.

Background

A person commits
first degree murder if the person, intending or knowing that the person's
conduct will cause death, causes the death of another person, including an
unborn child, with premeditation. A person also commits first degree murder if,
as a result of causing the death of another person with premeditation, the
person also causes the death of an unborn child. Premeditated first degree
murder applies to an unborn child in the womb at any stage of development.

A person commits
first degree felony murder by acting either alone or with one or more other
persons in the commission of specified criminal acts, and while in the course
of and in furtherance of the offense or the immediate flight from the offense,
causes the death of any person.

First degree
murder is classified as a class 1 felony, punishable by death or life
imprisonment (
A.R.S.
� 13-1105
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Specifies that causing the death of an unborn child in the course of,
furtherance of or immediate flight from an offense is considered first degree
felony murder.

2.

Specifies that first degree felony murder applies to an unborn child in
the womb at any stage of development.

3.

Becomes effective on the general effective date.

House Action

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Prepared by Senate Research

March 2, 2026

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Current Bill Text

HB2043 - 572R - H Ver

House Engrossed

felony murder; unborn
child

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2043

AN
ACT

amending section 13-1105, Arizona
Revised Statutes; relating to homicide.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-1105, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-1105.

First degree murder; classification

A. A person commits first degree murder if:

1. Intending or knowing that the person's conduct
will cause death, the person causes the death of another person, including an
unborn child, with premeditation or, as a result of causing the death of
another person with premeditation, causes the death of an unborn child.

2. Acting either alone or with one or more other
persons the person commits or attempts to commit sexual conduct with a minor
under section 13-1405, sexual assault under section 13-1406,
molestation of a child under section 13-1410, terrorism under section 13-2308.01,
marijuana offenses under section 13-3405, subsection A, paragraph 4,
dangerous drug offenses under section 13-3407, subsection A, paragraphs 4
and 7, narcotics offenses under section 13-3408, subsection A, paragraph
7 that equal or exceed the statutory threshold amount for each offense or
combination of offenses, involving or using minors in drug offenses under
section 13-3409, drive by shooting under section 13-1209, kidnapping
under section 13-1304, burglary under section 13-1506, 13-1507
or 13-1508, arson under section 13-1703 or 13-1704, robbery
under section 13-1902, 13-1903 or 13-1904, escape under
section 13-2503 or 13-2504, child abuse under section 13-3623,
subsection A, paragraph 1 or unlawful flight from a pursuing law enforcement vehicle
under section 28-622.01 and, in the course of and in furtherance of the
offense or immediate flight from the offense, the person or another person
causes the death of any person
, including an unborn child
.

3. Intending or knowing that the person's conduct
will cause death to a law enforcement officer, the person causes the death of a
law enforcement officer who is in the line of duty.

B. Homicide, as prescribed in subsection A,
paragraph 2 of this section, requires no specific mental state other than what
is required for the commission of any of the enumerated felonies.

C. An offense under subsection A, paragraph 1
or 2
of this section applies to an unborn child in the womb at
any stage of its development.� A person shall not be prosecuted under
subsection A, paragraph 1 of this section if any of the following applies:

1. The person was performing an abortion for which
the consent of the pregnant woman, or a person authorized by law to act on the
pregnant woman's behalf, has been obtained or for which the consent was implied
or authorized by law.

2. The person was performing medical treatment on
the pregnant woman or the pregnant woman's unborn child.

3. The person was the unborn child's mother.

D. First degree murder is a class 1 felony and is
punishable by death or life imprisonment as provided by sections 13-751 and 13-752.

END_STATUTE