It varies from state to state, as some states have no fetal homicide laws, and some classify it as fetal homicide of the fetus would have been viable outside the womb. But in any case, the unborn fetus is not a person, even though it is alive. It is not yet a citizen for the government to protect. The Supreme Court stated very clearly the law regarding a "woman’s qualified right to terminate her pregnancy." The killer, on the other hand, does not have that right.