KRS 507A.020: Fetal homicide in the first degree.

(1) A person is guilty of fetal homicide in the first degree when:

(a) With intent to cause the death of an unborn child or with the intent necessary

to commit an offense under KRS 507.020(1)(a), he causes the death of an

unborn child; except that in any prosecution, a person shall not be guilty under

this subsection if he acted under the influence of extreme emotional

disturbance for which there was a reasonable explanation or excuse, the

reasonableness of which is to be determined from the viewpoint of a pers on in

the defendant's situation under the circumstances as the defendant believed

them to be. However, nothing contained in this section shall constitute a

defense to a prosecution for or preclude a conviction of fetal homicide in the

second degree or any other crime; or

(b) Including but not limited to the operation of a motor vehicle under

circumstances manifesting extreme indifference to human life, he wantonly

engages in conduct which creates a grave risk of death to an unborn child and

thereby causes the death of an unborn child.

(2) Fetal homicide in the first degree is a capital offense.