recognizes that the rights of unborn children are protected from third-party actors, criminalizing murder, manslaughter, negligent homicide, aggravated assault, and assault against an unborn child. Geiser, at ¶ 17; see also N.D.C.C. §§ 12.1-17.1-02 to 12.1-17.1-06. Under N.D.C.C. ch. 12.1-17.1, the legislature defined unborn child as, “ ‘the conceived but not yet born offspring of a human being, which, but for the action of the actor would beyond a reasonable doubt have subsequently been born alive.’ ” Geiser, at ¶ 17 (quoting N.D.C.C. § 12.1-17.1-01(3)). Therefore, as stated in Geiser, “[t]his makes it clear that when the Legislature wants to cover unborn children, it does so expressly” and, if the legislature “intended N.D.C.C. § 19-03.1-22.2(l)(b) to include unborn (2005) (<HOLDING>); Commonwealth v. Welch, 864 S.W.2d 280
holding that the definition of person in the hawaii manslaughter statute did not include a fetus and thus did not apply when a woman caused the death of her fetus by smoking crystal methamphetamine holding that fetus was not a human being for purposes of attempted firstdegree intentional homicide and firstdegree reckless injury statutes holding for purposes of establishing the offense of reckless manslaughter against a pregnant woman a fetus is not a person holding a fetus is not a child person or individual for purposes of criminal prosecution under the reckless injury to a child statute holding that a woman possessed immunity from criminal prosecution for causing injury or death to her fetus