![]() ![]() (1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code. (b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply: ![]() (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
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