Was it double homicide?
<p>A person is accused of two counts of murder, because the victim was a pregnant woman.</p>

<p>The lawyer representing the defense makes the proposal that it couldn't be two, because legally, only one death involved was human.</p>

<p>Assuming the accused is convicted of the murder of the woman herself, what about the second death? Is it still considered murder? Why?</p>

<p>This is going to vary by jurisdiction.  Under the Wisconsin <a href="http://docs.legis.wisconsin.gov/document/statutes/940.01" rel="nofollow noreferrer">first-degree intentional homicide</a> law, it counts as two offenses, because the law explicitly says so:</p>

<blockquote>
  <p>(a) Except as provided in sub. (2), whoever causes the death of
  another human being with intent to kill that person or another is
  guilty of a Class A felony.<br>
  (b) Except as provided in sub. (2),
  whoever causes the death of an unborn child with intent to kill that
  unborn child, kill the woman who is pregnant with that unborn child or
  kill another is guilty of a Class A felony.</p>
</blockquote>

<p>There are similar provisions in the <a href="http://docs.legis.wisconsin.gov/document/statutes/940.02(1m)" rel="nofollow noreferrer">first-degree reckless homicide</a> law, the <a href="http://docs.legis.wisconsin.gov/document/statutes/940.05(2g)" rel="nofollow noreferrer">second-degree intentional homicide</a> law, the <a href="http://docs.legis.wisconsin.gov/document/statutes/940.06(2)" rel="nofollow noreferrer">second-degree reckless homicide</a> law, etc.</p>

<p>The National Conference of State Legislatures has a <a href="http://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx" rel="nofollow noreferrer">page</a> which lists fetal homicide laws, and says 38 states have them.  (Although it's strange to me that they cite Wisconsin's separate <a href="http://docs.legis.wisconsin.gov/document/statutes/940.04" rel="nofollow noreferrer">antiabortion law</a>, instead of the law I cited that's literally in the homicide law.)</p>

abortion