John Andrew Welden is charged with the murder of a person who was never born.

As Tampa’s WFTS-TV news reports, Welden is facing first-degree murder charges for allegedly giving his pregnant girlfriend Remee Lee an abortion pill and telling her it was an antibiotic. Welden worked in his father’s Florida clinic, a “specialty infertility practice.” When Lee began bleeding and experiencing cramps, she went to her local hospital, where doctors informed her the container labeled as amoxicillin was in fact the labor-inducing Cytotec. The fetus died in utero. “I was never going to do anything but go full term with it,” she told reporters this week. “And he didn’t want me to.” It’s an appalling tale, which will once again force us to ponder what constitutes a human life — and when one has taken it.

Very different fetal-homicide laws are on the books in roughly 80 percent of American states. In Arizona, for example, the charge can apply toward “any stage of development” for a fetus, while Arkansas limits it to an “unborn child of 12 weeks or more gestation.” South Dakota stipulates the accused must have known, “or reasonably should have known, that a woman bearing an unborn child was pregnant.”

In Welden’s case, he’s being charged under the Protection of Unborn Children Act. His state has tough laws for killing the unborn that also include DUI manslaughter, vehicular homicide and willful killing. In Ohio, where kidnapping suspect Ariel Castro will stand trial, he faces possible charges of aggravated murder. Castro is accused of allegedly beating one of his reported victims until she miscarried the pregnancies she endured in captivity. Cuyahoga County prosecutor Timothy McGinty has said he will pursue “each act of aggravated murder” — and a conviction could lead to the death penalty.