Partial birth infanticide means any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed. Any person who knowingly performs partial birth infanticide and thereby kills a human infant is guilty of a Class 4 felony.
In the Virginia Act, a partial birth infanticide is defined as a "deliberate act that is intended to kill a human infant who has been born alive.” Va. Code Ann. § 18.2-71.1, See Richmond Med. Ctr. for Women v. Herring, 570 F.3d 165, 179 (4th Cir. Va. 2009)