You seem to be implying that the crime of trespassing should be punishable by death.
Is that actually what you gleen from this scenario...or are you just being intentionally dumb?
Even if that were so, you're leaving out the single most important detail from your prosecution of the unborn child: culpability.
Culpability for what..having sex? Chastise her lustful ways till the cows come home, at this late juncture of the discussion...it's of zero relevance.
It is not the unborn child's fault that he is there.
Likewise, it's not the child's fault it can't survive outside the womb.