---
title: O.C.G.A. § 40-6-393.1. Feticide by vehicle.
collection: code
id: 40-6-393.1
cite_as: O.C.G.A. § 40-6-393.1 (2025)
canonical_url: https://georgiacommons.org/code/40-6-393.1
md_url: https://georgiacommons.org/code/40-6-393.1.md
text_url: https://georgiacommons.org/code/40-6-393.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch6-16-(v29)-pdf.pdf?sfvrsn=f322c22b_0#page=66
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / UNIFORM RULES OF THE ROAD / SERIOUS TRAFFIC OFFENSES
---

# O.C.G.A. § 40-6-393.1. Feticide by vehicle.

(a) For the purposes of this Code section, the term “unborn child” means a member of the species homo sapiens at any stage of development who is carried in the womb.

(b)(1) A person commits the offense of feticide by vehicle in the first degree if he or she causes the death of an unborn child by any injury to the mother of such child which would be homicide by vehicle in the first degree as provided in subsection (a), (b), or (d) of Code Section 40-6-393 if it resulted in the death of such mother.

(2) A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than three years nor more than 15 years.

(c)(1) A person commits the offense of feticide by vehicle in the second degree if he or she causes the death of an unborn child by any injury to the mother of such child by violating any provision of this title other than Code Sections 40-6-390 through 40-6-391, which would be homicide by vehicle in the second degree as provided in subsection (c) of Code Section 40-6-393 if it resulted in the death of such mother.

(2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3.

## History

Code 1981, § 40-6-393.1, enacted by Ga. L. 1991, p. 1109, § 1; Ga. L. 2006, p. 643, § 3/SB 77; Ga. L. 2008, p. 1164, § 3/SB 529; Ga. L. 2021, p. 228, § 8/HB 534.

## Editor's Notes

Ga. L. 2021, p. 228, § 11/HB 534, not codified by the General Assembly, provides that: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all offenses committed on and after such date.” This Act was approved by the Governor on May 3, 2021.

## Amendments

The 2021 amendment, effective May 3, 2021, substituted “Code Sections 40-6-390 through 40-6-391” for “Code Section 40-6-390 or 40-6-391” in the middle of paragraph (c)(1). See Editor’s notes for applicability.