Law & Order Season 2 Episode 6

In this episode, they establish that the New York Penal Code states that a fetus killed by an act of violence before the 24th week cannot be considered a human in terms of charging for a homicide. During the course of the investigation, the police mention that the crime happened 20 weeks after the office Christmas party which happened approximately December 20. The lawyer suspect states that this is the time that he had sex with the victim and impregnated her. The police then tell him that the victim says that the affair stated was in "early December". Even if what the victim said was true, early December would only be (at most) 3 weeks earlier, meaning that the fetus still wasn't "legally human" in terms of a homicide crime. Since the DA's case for murder rested on the fact that the attack happened at least 24 weeks into the pregnancy, they shouldn't have taken the case to court as a murder trial.