Jack,an Intoxicated Driver,collides with an Automobile Driven by Mary,a Pregnant

Jack,an intoxicated driver,collides with an automobile driven by Mary,a pregnant female.Mary is not seriously injured but the collision causes her to abort the fetus.Under Texas law,in order to prosecute Jack for the death of the fetus,the prosecution will have to:

A) perform a legal miracle because a fetus is not protected by Texas criminal homicide laws.
B) establish that the fetus,had he or she survived,was capable of living outside the womb.
C) prove that the fetus was alive at the time of the collision.
D) prove that Mary had been pregnant for over three months.