Bill > H1793

This bill adds a new section to Chapter 265 of Massachusetts General Laws addressing fetal homicide, defining key terms and establishing legal provisions for prosecuting offenses that result in injury or death to a "child in utero" (defined as a human at any stage of development while in the womb). The bill creates a separate criminal offense for conduct that causes bodily injury or death to an unborn child, with punishment equivalent to the penalties for similar actions against the child's mother. Importantly, prosecution under this section does not require proof that the perpetrator knew the victim was pregnant or intended to harm the unborn child. The bill explicitly excludes prosecution for legal abortions, medical treatments related to pregnancy, and actions by the pregnant woman herself. The definition of "bodily injury" is comprehensive, including substantial physical impairments like burns, bone fractures, internal organ injuries, and conditions that significantly threaten a child's health. This legislation aims to provide legal recourse for harm to unborn children while maintaining protections for medical procedures and women's reproductive rights.

Justice

https://malegislature.gov/Bills/194/H1793