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Viable fetus as victim. Current as of: 2010 | Check for updates | Other versions. (a) For purposes of this part, âanotherâ and âanother personâ include a viable fetus of a human being, when any such term refers to the victim of any act made criminal by the provisions of this part.
There is no sharp limit of development, age, or weight at which a fetus automatically becomes viable. According to data from 2003â05, survival rates are 20 to 35 percent for babies born at 23 weeks of gestation; 50 to 70 percent at 24 to 25 weeks; and over 90 percent at 26 to 27 weeks.