Wrong , Ind. Code Ann. § 35-50-2-16 (2009) allows the state to seek an additional fixed term of imprisonment if a person, while committing or attempting to commit murder, caused the termination of a pregnancy. Prosecution of the murder or attempted murder and the enhancement of the penalty for that crime does not require proof that the person committing or attempting to commit the murder had knowledge or should have had knowledge that the victim was pregnant or that the defendant intended to cause the termination of a pregnancy. The additional consecutive term of imprisonment may be between six and 20 years. (2009 Ind. Acts, P.L. 40, SB 236)
Ind. Code Ann. § 35-42-2-1.5
defines aggravated battery as a person who knowingly or intentionally inflicts injury on a person that causes the loss of a fetus.
Viability is not included in all cases, extended charges are included in that case. http://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx
Ind. Code Ann. § 35-41-1-25 defines serious bodily injury as bodily injury that causes the loss of a fetus.
Ind. Code Ann. § 35-42-2-1.5 defines aggravated battery as a person who knowingly or intentionally inflicts injury on a person that causes the loss of a fetus.
Ind. Code Ann. § 35-50-2-9(b)(16) allows the state to seek either a death sentence or a sentence of life imprisonment without parole for murder by alleging the victim of the murder was pregnant and the murder resulted in the intentional killing of a fetus that has attained viability.
Ind. Code Ann. § 35-50-2-16 (2009)
allows the state to seek an additional fixed term of imprisonment if a person, while committing or attempting to commit murder, caused the termination of a pregnancy. Prosecution of the murder or attempted murder and the enhancement of the penalty for that crime does not require proof that the person committing or attempting to commit the murder had knowledge or should have had knowledge that the victim was pregnant or that the defendant intended to cause the termination of a pregnancy. The additional consecutive term of imprisonment may be between six and 20 years. (2009 Ind. Acts, P.L. 40, SB 236)
http://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx