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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
felony murder; unborn child
Purpose
Specifies that causing the death of an unborn child in the course of, furtherance of or immediate flight from an offense is considered first degree felony murder.
Background
A person commits first degree murder if the person, intending or knowing that the person's conduct will cause death, causes the death of another person, including an unborn child, with premeditation. A person also commits first degree murder if, as a result of causing the death of another person with premeditation, the person also causes the death of an unborn child. Premeditated first degree murder applies to an unborn child in the womb at any stage of development.
A person commits first degree felony murder by acting either alone or with one or more other persons in the commission of specified criminal acts, and while in the course of and in furtherance of the offense or the immediate flight from the offense, causes the death of any person.
First degree murder is classified as a class 1 felony, punishable by death or life imprisonment (A.R.S. § 13-1105).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that causing the death of an unborn child in the course of, furtherance of or immediate flight from an offense is considered first degree felony murder.
2. Specifies that first degree felony murder applies to an unborn child in the womb at any stage of development.
3. Becomes effective on the general effective date.
House Action
JUD 1/21/26 DP 6-2-0-1
3rd Read 2/23/26 32-25-3
Prepared by Senate Research
March 2, 2026
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