Bill > S05921

This bill expands legal protections to unborn children by modifying New York's penal law to define "person" as including human beings who are born and alive, as well as unborn children at any stage of gestation. The legislation aims to address what lawmakers view as a significant legal loophole that previously prevented prosecution for harm caused to an unborn child before live birth. Under this bill, assault and homicide laws can now be applied when an unborn child is harmed, enabling prosecutors to charge offenders for crimes against pregnant women and their unborn children. Importantly, the bill includes specific exceptions to prevent prosecution in cases of consensual abortion, medical treatments, or actions taken by the pregnant woman herself. The legislative intent emphasizes protecting pregnant women from violence, noting statistics that show increased domestic abuse during pregnancy and highlighting that 31 other states already have similar legal protections. The bill is specifically designed to hold perpetrators accountable for violent crimes against pregnant women and their unborn children while explicitly preserving existing abortion rights. The law is set to take effect on the first of November following its passage.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S5921