Editing Infanticide (section)

==Current law==

===Australia===
In [[New South Wales (Australia)|New South Wales]], infanticide is defined in Section 22A(1) of the Crimes Act 1900 (NSW) as follows:<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|22A}} Infanticide; see also {{cite AustLII|NSWSC|1755|2014|litigants=R v MB (No. 2) |courtname=auto}}.</ref>

{{blockquote|Where a woman by any willful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for this section the offense would have amounted to murder, she shall be guilty of infanticide, and may for such offense be dealt with and punished as if she had been guilty of the offense of manslaughter of such child.}}

Because Infanticide is punishable as manslaughter, as per s24,<ref>{{cite Legislation AU|NSW|act|ca190082|Crimes Act 1900|24}} Manslaughter – punishment.</ref> the maximum penalty for this offence is therefore 25 years imprisonment.

In [[Victoria (Australia)|Victoria]], infanticide is defined by Section 6 of the Crimes Act of 1958 with a maximum penalty of five years.<ref>{{Cite web|title=CRIMES ACT 1958 - SECT 6 Infanticide|url=http://classic.austlii.edu.au/au/legis/vic/consol_act/ca195882/s6.html|access-date=2021-03-11|website=classic.austlii.edu.au|archive-date=5 June 2020|archive-url=https://web.archive.org/web/20200605095534/http://classic.austlii.edu.au/au/legis/vic/consol_act/ca195882/s6.html|url-status=live}}</ref>

=== New Zealand ===
In New Zealand, infanticide is provided for by Section 178 of the Crimes Act 1961 which states:
{{blockquote|Where a woman causes the death of any child of hers under the age of 10 years in a manner that amounts to culpable homicide, and where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth to that or any other child, or by reason of the effect of lactation, or by reason of any disorder consequent upon childbirth or lactation, to such an extent that she should not be held fully responsible, she is guilty of infanticide, and not of murder or manslaughter, and is liable to imprisonment for a term not exceeding 3 years.<ref>{{Cite web |title=The legal context - Homicide law |url=https://www.lawcom.govt.nz/sites/html-pubs/r139/Chapter+3+-+The+legal+context/Homicide+law.html#:~:text=187Infanticide%20is%20provided%20for,reason%20of%20her%20not%20having |access-date=26 July 2023 |website=Law Commission |archive-date=27 July 2023 |archive-url=https://web.archive.org/web/20230727012352/https://www.lawcom.govt.nz/sites/html-pubs/r139/Chapter+3+-+The+legal+context/Homicide+law.html#:~:text=187Infanticide%20is%20provided%20for,reason%20of%20her%20not%20having |url-status=live }}</ref>}}

===Canada===
In Canada, infanticide is a specific offence under section 237 of the ''[[Criminal Code (Canada)|Criminal Code]]''. It is defined as a form of culpable homicide which is neither murder nor manslaughter, and occurs when "a female person... by a wilful act or omission... causes the death of her newly-born child [defined as a child under one year of age], if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed."<ref name="CanCrC">{{cite web |title=Criminal Code |url=https://laws-lois.justice.gc.ca/eng/acts/c-46/page-52.html |website=Consolidated federal laws of Canada |publisher=Justice Canada |access-date=22 August 2021 |date=29 June 2021 |archive-date=29 September 2021 |archive-url=https://web.archive.org/web/20210929034927/https://laws-lois.justice.gc.ca/eng/acts/C-46/page-52.html |url-status=live }}</ref> Infanticide is also a defence to murder, in that a person accused of murder who successfully presents the defence is entitled to be convicted of infanticide rather than murder.<ref name="RvLB">{{cite web |author1=D. H. Doherty, J. |author1-link=David H. Doherty |author2= Court of Appeal of Ontario | author2-link = Court of Appeal for Ontario | title=''R. v. L.B.'', 2011 ONCA 153 |url=https://www.canlii.org/en/on/onca/doc/2011/2011onca153/2011onca153.html |website=CanLII |publisher=Canadian Legal Information Institute |access-date=22 August 2021 |date=2 March 2011}}</ref><ref>{{cite web |author1=T. Cromwell, J. |author1-link=Thomas Cromwell (jurist) |author2= Supreme Court of Canada | author2-link = Supreme Court of Canada | title=''R. v. Borowiec'', 2016 SCC 11 (CanLII), [2016] 1 SCR 80 |url=https://canlii.ca/t/gnzm7 |website=CanLII |publisher=Canadian Legal Information Institute |access-date=22 August 2021 |date=24 March 2016}}</ref> The maximum sentence for infanticide is five years' imprisonment; by contrast, the maximum sentence for manslaughter is life, and the mandatory sentence for murder is life.<ref name="CanCrC" />

The offence derives from an offence created in English law in 1922, which aimed to address the issue of judges and juries who were reluctant to return verdicts of murder against women and girls who killed their newborns out of poverty, depression, the shame of illegitimacy, or otherwise desperate circumstances, since the mandatory sentence was death (even though in those circumstances the death penalty was likely not to be carried out). With infanticide as a separate offence with a lesser penalty, convictions were more likely. The offence of infanticide was created in Canada in 1948.<ref name="RvLB" />

There is ongoing debate in the Canadian legal and political fields about whether section 237 of the ''Criminal Code'' should be amended or abolished altogether.<ref>{{cite journal|last=Vallillee|first=Eric|title=Deconstructing Infanticide|journal=University of Western Ontario Journal of Legal Studies|year=2015|volume=5|issue=4|pages=9–10|url=http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1142&context=uwojls|access-date=11 April 2015|archive-date=9 January 2020|archive-url=https://web.archive.org/web/20200109232601/http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1142&context=uwojls|url-status=live}}</ref>

===England and Wales===
In [[England and Wales]], the [[Infanticide Act 1938]] describes the offence of infanticide as one which would otherwise amount to murder (by their mother) if the victim was older than 12 months and the mother did not have an "imbalance of mind" due to the effects of childbirth or lactation. Where a mother who has killed such an infant has been charged with murder rather than infanticide s.1(3) of the Act confirms that a jury has the power to find alternative verdicts of [[manslaughter|Manslaughter in English law]] or guilty but insane.

===The Netherlands===
{{Main|Groningen Protocol}}
Infanticide is illegal in the Netherlands, although the maximum sentence is lower than for homicide. The Groningen Protocol regulates [[Child euthanasia|euthanasia for infants]] who are believed to "suffer hopelessly and unbearably" under strict conditions.<ref>{{Cite journal |last=Sheldon |first=Tony |date=2005-07-16 |title=Dutch doctors adopt guidelines on mercy killing of newborns |journal=BMJ: British Medical Journal |volume=331 |issue=7509 |page=126 |doi=10.1136/bmj.331.7509.126-a |issn=0959-8138 |pmid=16020836|pmc=558719 }}</ref>

===Poland===
Article 149 of the [[Polish Penal Code#The Penal Code of 1997|Penal Code of Poland]] stipulates that a mother who kills her child in labour, while under the influence of the course of the delivery, is liable to imprisonment for between three months and five years.<ref>{{Cite Polish law|title=Ustawa z dnia 6 czerwca 1997 r. - Kodeks karny|year=1997|volume=88|number=553|date=1997-06-06}}</ref>

===Romania===
Article 200 of the [[Penal Code of Romania#The Penal Code of 2014|Penal Code of Romania]] stipulates that the killing of a newborn during the first 24 hours, by the mother who is in a state of mental distress, shall be punished with imprisonment of one to five years.<ref>{{cite web|url=http://www.avocatura.com/ll491-noul-cod-penal.html|title=Noul Cod Penal (2014)|website=avocatura.com|access-date=2015-08-13|archive-date=2015-05-17|archive-url=https://web.archive.org/web/20150517054948/http://www.avocatura.com/ll491-noul-cod-penal.html}}</ref> The previous Romanian Penal Code also defined infanticide (''pruncucidere'') as a distinct criminal offense, providing for punishment of two to seven years imprisonment,<ref>{{cite web|url=http://legeaz.net/cod-penal-actualizat-2011/art-177-cpen|title=Art. 177 Cod penal Pruncuciderea Omuciderea INFRACŢIUNI CONTRA VIEŢII, INTEGRITĂŢII CORPORALE ŞI SĂNĂTĂŢII|website=legeaz.net|access-date=13 August 2015|archive-date=30 September 2015|archive-url=https://web.archive.org/web/20150930160740/http://legeaz.net/cod-penal-actualizat-2011/art-177-cpen|url-status=live}}</ref> recognizing the fact that a mother's judgment may be impaired immediately after birth.

===United States===
{{Further|Born-Alive Infants Protection Act|Born alive laws in the United States}}

While legislation regarding infanticide in some countries focuses on rehabilitation, believing that treatment and education will prevent repetitive action, the United States remains focused on delivering punishment. One justification for punishment is the difficulty of implementing rehabilitation services. With an overcrowded prison system, the United States can not provide the necessary treatment and services.<ref>{{Cite journal|last=Spinelli|first=Margaret G.|date=September 2004|title=Maternal Infanticide Associated With Mental Illness: Prevention and the Promise of Saved Lives|journal=American Journal of Psychiatry|volume=161|issue=9|pages=1548–57|doi=10.1176/appi.ajp.161.9.1548|pmid=15337641|issn=0002-953X}}</ref>

==== State legislation ====

In 2009, [[Texas]] state representative [[Jessica Farrar]] proposed legislation that would define infanticide as a distinct and lesser crime than [[homicide]].<ref>{{Cite web|url=http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/032209dnmetinfanticide.3030173.html|archive-url=https://web.archive.org/web/20100417132305/http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/032209dnmetinfanticide.3030173.html|title=Proposed Texas House bill would recognize postpartum psychosis as a defense for moms who kill infants|archive-date=April 17, 2010}}</ref> Under the terms of the proposed legislation, if jurors concluded that a mother's "judgment was impaired as a result of the effects of giving birth or the effects of lactation following the birth," they would be allowed to convict her of the crime of infanticide, rather than murder.<ref name="When Infanticide Isn't Murder">{{cite news |url=http://www.huffingtonpost.com/jacob-m-appel/when-infanticide-isnt-mur_b_279703.html |title=When Infanticide Isn't Murder |publisher=Huffingtonpost.com |access-date=2013-07-18 |date=8 September 2009 |archive-date=12 March 2017 |archive-url=https://web.archive.org/web/20170312074814/http://www.huffingtonpost.com/jacob-m-appel/when-infanticide-isnt-mur_b_279703.html |url-status=live }}</ref> The maximum penalty for infanticide would be two years in prison.<ref name="When Infanticide Isn't Murder"/> Farrar's introduction of this bill prompted liberal bioethics scholar [[Jacob M. Appel]] to call her "the bravest politician in America".<ref name="When Infanticide Isn't Murder"/>

==== Federal legislation ====

The ''MOTHERS Act'' ('''M'''oms '''O'''pportunity '''T'''o access '''H'''ealth, '''E'''ducation, '''R'''esearch and '''S'''upport), precipitated by the death of a Chicago woman with postpartum psychosis was introduced in 2009. The act was ultimately incorporated into the ''[[Patient Protection and Affordable Care Act]]'' which passed in 2010. The act requires screening for postpartum mood disorders at any time of the adult lifespan as well as expands research on postpartum depression. Provisions of the act also authorize grants to support clinical services for women who have, or are at risk for, postpartum psychosis.<ref>{{Cite journal|last1=Rhodes|first1=Ann M.|last2=Segre|first2=Lisa S.|date=August 2013|title=Perinatal depression: a review of US legislation and law|journal=Archives of Women's Mental Health|volume=16|issue=4|pages=259–70|doi=10.1007/s00737-013-0359-6|issn=1434-1816|pmc=3725295|pmid=23740222}}</ref>