Section 28-391 - Murder of an unborn child in the first degree; penalty(1) A person commits murder of an unborn child in the first degree if he or she in committing an act or engaging in conduct that causes the death of an unborn child, intends, with deliberate and premeditated malice, to kill the unborn child or the mother of the unborn child with knowledge of the pregnancy.(2) Murder of an unborn child in the first degree is a Class IA felony.