Sec. 4. (a) As used in this section, "fetus" means a fetus in any stage of development. (b) A person who kills another human being while committing or attempting to commit: (1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury; (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or (3) battery; commits involuntary manslaughter, a Level 5 felony. (c) Except as provided in section 6.5 of this chapter, a person who kills a fetus while committing or attempting to commit: (1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury; (2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; (3) a battery offense included in IC 35-42-2 ; or (4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated); commits involuntary manslaughter, a Level 5 felony.
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