Ill. Pattern Jury Instr. (Criminal) 7.19A

Instructed On Voluntary Manslaughter Of An Unborn Child—Provocation By The

Pregnant Woman

To sustain the charge of intentional homicide of an unborn child, the State must prove the

following propositions:

First Proposition: That the defendant performed the acts which caused the death of the

unborn child of ____; and

Second Proposition: That when the defendant did so, he

[1] intended to kill or do great bodily harm to the unborn child of ____;

[or]

[2] knew that his acts would cause death to the unborn child of ____;

[or]

[3] knew that his acts created a strong probability of death or great bodily harm to the

unborn child of ____.

If you find from your consideration of all the evidence that both of these propositions

have been proved beyond a reasonable doubt, you should find the defendant guilty of intentional

homicide of an unborn child and your deliberations should end.

If you find from your consideration of all the evidence that the First Proposition has not

been proved beyond a reasonable doubt, you should find the defendant not guilty of intentional

homicide of an unborn child and not guilty of voluntary manslaughter of an unborn child and

your deliberations should end.

If you find from your consideration of all the evidence that the First Proposition has been

proved beyond a reasonable doubt, but the Second Proposition has not been proved beyond a

reasonable doubt, you should now consider the following proposition:

Third Proposition: That when the defendant performed the acts which caused the death of

the pregnant woman’s unborn child, he

[1] intended to kill or do great bodily harm to the pregnant woman;

[or]

[2] knew that his acts would cause death to the pregnant woman;

[or]

[3] knew that his acts created a strong probability of death or great bodily harm to the

pregnant woman.

If you find from your consideration of all the evidence that this Third Proposition has not

been proved beyond a reasonable doubt, you should find the defendant not guilty of intentional

homicide of an unborn child and not guilty of voluntary manslaughter of an unborn child and

your deliberations should end.

If you find from your consideration of all the evidence that this Third Proposition has

been proved beyond a reasonable doubt, you should go on with your deliberations to decide

whether the defendant is guilty of intentional homicide of an unborn child instead of voluntary

manslaughter of an unborn child.

To sustain the charge of intentional homicide of an unborn child instead of voluntary

manslaughter of an unborn child, the State must prove beyond a reasonable doubt the following

additional proposition:

That the defendant, at the time he performed the acts which caused the death of the

unborn child of ____, did not act under a sudden and intense passion resulting from

serious provocation by the pregnant woman he endeavored to kill, but he negligently or

accidently killed the unborn child of ____.

If you find from your consideration of all the evidence that the State has proved beyond a

reasonable doubt this additional proposition, you should find the defendant guilty of intentional

homicide of an unborn child.

If you find from your consideration of all the evidence that the State has not proved

beyond a reasonable doubt this additional proposition, you should find the defendant guilty of

voluntary manslaughter of an unborn child.