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Welcome

House Bill 523

02/13/25: to Committee on Committees (H) 


 AN ACT relating to unborn children. 


Create new sections of KRS Chapter 507, relating to criminal homicide, to allow a prosecution where the victim is an unborn child; provide exceptions for spontaneous miscarriages and lawful medical procedures; amend KRS 507.010 to define terms; create new sections of KRS Chapter 508, relating to assault, to define terms; allow a prosecution where the victim is an unborn child; provide exceptions for spontaneous miscarriages and lawful medical procedures; amend KRS 501.090 to allow the defense of duress in a prosecution of intentional homicide where the victim is an unborn child and the defendant is the child's mother; create a new section of KRS Chapter 15 to give the Attorney General concurrent jurisdiction with Commonwealth's and county attorneys; repeal KRS 507A.010, 507A.020, 507A.030, 507A.040, 507A.050, and 507A.060, relating to fetal homicide; amend KRS 311.732, 402.205, and 439.265 to conform; provide that the Act may be cited as the Prenatal Equal Protection Act.

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Welcome

House Bill 300

02/14/23: to Committee on Committees (H)

 

(Editors Note: The newest revision of this bill is currently in draft and it proposed for introcution in the Spring session in 2025)


 Amend KRS 507.010 "person," "human being," "spontaneous miscarriage," and "unborn child"; create a new section of KRS Chapter 507 to allow a prosecution under the chapter where the victim is an unborn child; create a new section of KRS Chapter 507 to describe what qualifies as a lawful medical procedure; create a new section of KRS Chapter 508 to define "person," "human being," "spontaneous miscarriage," and "unborn child"; create a new section of KRS Chapter 508 to describe what qualifies as a lawful medical procedure; create a new section of KRS Chapter 508 to specify that prosecution is subject to same standards and defenses as if person had been born alive; amend KRS 501.090 to allow coercion or threats to be used as an offense of intentional homicide where the victim is an unborn child; create a new section of KRS Chapter 15 to give the Attorney General concurrent jurisdiction with Commonwealth and county attorneys; amend KRS 439.265 to conform; repeal KRS 507A.010, 507A.020, 507A.030, 507A.040, 507A.050, and 507A.060, related to fetal homicide; establish a short title of Prenatal Equal Protection Act. 

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Frequently Asked Questions

Objections to Equal Protection Legislation and How to Respond

  • “There are no exceptions for murdering a born child, so there shouldn’t be exceptions for an unborn child.”
  • “The value of a child’s life doesn’t depend on how they were conceived. Every life is precious and worthy of protection.”
  • “We don’t sentence an innocent child to death for the crimes of their father.”
  • "Rape and abortion are both brutal acts against another human being. When a woman conceives through assault, justice demands that we punish the rapist—not the innocent child."


  • "The bill criminalizes the act of knowingly and voluntarily causing the death of a preborn child, just as laws against homicide protect born persons."
  • "Like any homicide case, every situation would be handled through the justice system, which includes law enforcement, prosecutors, grand juries, trial juries, judges, multiple appellate courts, and the governor."
  • "All defendants would have the right to an attorney, the right to remain silent, and all other due process protections."


  • "To the contrary, this bill would protect women from coercion in KY. Right now abortion pills are easily obtained, but this bill would give the woman being pressured by a man an out."
  • "This bill recognizes that coercion is a real issue and holds those who force women into abortion accountable."
  • "A mother forced into an abortion under duress is not subject to criminal liability (see Section 7 of the bill)."
  • "The bill allows for prosecution of individuals who coerce or pressure a mother into an abortion."


  • "No. The bill does not ban contraceptives (i.e., drugs or devices that prevent fertilization)."
  • "It does prohibit the use of abortifacients after fertilization if knowingly and willfully used to cause the death of a child."


  • "No. Fertility specialists may still perform in vitro fertilization, but they must not willfully destroy human beings."
  • "This bill would require changes to IVF practices that currently create a large number of embryos and then discard or destroy the excess."
  • “Fetal termination surgeries intentionally kill children created through IVF, and this bill holds that all human lives—whether in the womb or in a lab—deserve equal protection under the law.”
  • “The goal isn’t to stop families from pursuing fertility treatments but to ensure those treatments respect the inherent dignity of every child conceived.”

"Treatments that create life shouldn’t result in the intentional destruction of life."



  • “This bill explicitly differentiates between intentional abortion and natural miscarriages.”
  • “No one is prosecuted for the natural death of a child, and the same would apply here.”
  • “Miscarriages are a tragic loss, not a crime.”


  • “No. A D&C following a miscarriage is a medical procedure to remove a baby who has already died. That is not an abortion and would not be criminalized under this bill.”
  • “This bill specifically targets intentional abortion, not procedures for treating the aftermath of miscarriage.”
  • “Miscarriages and the necessary medical care that may follow are heartbreaking situations, not crimes.”


  • "Sadly, no. It only outlawed assisted abortions but still allows women to ‘self-manage’ their own abortions using abortion pills."
  • "As a result, some women are obtaining and using abortion pills at home to kill their children, often under pressure from others."
  • "This bill closes that loophole and ensures that preborn children are fully protected under the law."


  • “The trigger laws are already being challenged in the Kentucky Supreme Court, so avoiding bold action doesn’t protect them.”
  • “Equal protection strengthens our ethical foundation by affirming the humanity and value of all pre-born children.”
  • “All ethical legislation should be guided by principle, not fear of opposition.”


  • “What’s extreme is legalizing the killing of innocent children. Equal protection simply says all human life deserves to be protected.”
  • “There’s nothing extreme about applying the same laws that protect born children to pre-born children.”


  • “Abortion isn’t a women’s issue—it’s a human rights issue. Everyone has a responsibility to stand up for the innocent.”
  • “The value of life isn’t determined by gender. It’s a moral issue, and moral truth applies to everyone.”
  • “Fathers have a role in protecting their children, born or unborn.”


  • “Women are not victims when they actively choose to end the life of their child. Equal protection applies to everyone, equally.”
  • “If the pre-born are human, justice requires holding people accountable for intentionally ending their lives.”
  • “Our laws already make room for mercy and compassion when needed. This bill doesn’t change that.”


  • “This bill does not criminalize necessary medical care, such as treatments for ectopic pregnancies or life-threatening conditions.”
  • “Saving the life of the mother is not the same as intentionally killing a child—it’s a tragic but ethical distinction that is protected in this bill.”
  • “The goal is to outlaw intentional abortion, not necessary and life-saving medical care.”


  • “Treating life-threatening conditions is not abortion. Using principles of triage, doctors can act to save the mother’s life, even if it tragically results in the loss of the baby.”
  • “Intentionally killing the child is never medically necessary—there’s always a way to treat both patients with dignity and care.”
  • “This bill protects both mother and child as equally valuable human lives.”


  • “This bill would be enforced just like laws protecting born children. When laws reflect the dignity of life, society begins to align with those values.”
  • “Law enforcement already investigates crimes of violence or neglect when children are harmed. The same principle would apply.”
  • “Equal protection is about applying justice consistently—it’s not an impossible standard.”


  • “There’s nothing radical about protecting innocent children. What’s radical is allowing them to be killed in the name of convenience.”
  • “Equal protection reflects what many Kentuckians already believe: that all life is valuable and worth protecting.”
  • “Our laws must reflect what’s right, even if some people disagree. Justice doesn’t take polls.”


  • “No one has the right to take an innocent life. Pregnancy doesn’t justify killing a child any more than hardship justifies murdering a born child.”
  • “The focus should be on providing real support for mothers, not legalizing the destruction of their children.”
  • “Justice for the pre-born doesn’t eliminate compassion for mothers. Both lives are valuable.”


  • “Killing a child doesn’t solve poverty, abuse, or trauma. It adds more harm to an already difficult situation.”
  • “The answer is to help mothers and families, not to sanction the killing of innocent children.”
  • “Equal protection values both the mother and the child by refusing to sacrifice one for the sake of the other.”


  • “Most great moral advances started as unpopular ideas—justice is about what’s right, not what’s popular.”
  • “Public opinion changes when the truth is boldly spoken. Our job is to lead with courage, not follow polls.”
  • “Every great injustice in history had defenders at the time. Protecting life is about doing what’s right, regardless of opposition.”


  • “If the pre-born are fully human, intentionally killing them is murder. Equal protection means treating every life the same under the law.”
  • “We can’t compromise on justice. The law must reflect the truth that all life is valuable from conception.”
  • “What goes too far is treating human lives as disposable—it’s time the law reflects their worth.”


  • "This bill was authored by constitutional attorney Bradley Pierce, a legal expert dedicated to crafting legislation that aligns with constitutional principles and ensures equal protection for the preborn."
  • "The bill is grounded in the 14th Amendment, which guarantees equal protection under the law for all persons, born and preborn."
  • "The Dobbs v. Jackson decision overturned Roe and returned the authority to states to protect life. This bill is the logical next step in pro-life legislation."


  • "No. Section 10 of the bill explicitly prohibits retroactive enforcement."
  • "Both the Kentucky and U.S. Constitutions forbid ex post facto prosecution."


  • "The danger of committing a crime doesn’t justify making it legal. A burglar might get hurt breaking into a house, but that doesn’t mean we legalize burglary."
  • "Laws should protect the innocent, not make it safer to kill them."
  • "We don’t legalize rape or assault just because people will still commit them. The same is true for abortion—good laws deter evil and uphold justice."


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