Bill > S0116

This bill proposes to amend Vermont criminal law by legally defining an "unborn child" as a person for criminal offense purposes when the unborn child suffers bodily injury or death due to a criminal act. The bill addresses a historical legal inconsistency highlighted by previous Vermont court cases, where courts had differed on whether a fetus could be considered a person under criminal statutes. The proposed law would allow prosecution for crimes against an unborn child without requiring proof that the perpetrator knew the mother was pregnant or intended to harm the unborn child. Importantly, the bill includes specific protections to prevent prosecuting pregnant women for actions related to their own pregnancy, and explicitly excludes prosecution for medical treatments or abortions performed with the woman's consent. The bill's purpose is to protect a pregnant woman's right to carry a child to term and to hold perpetrators of crimes against unborn children accountable. Additionally, the bill includes a provision allowing the General Assembly to intervene if the law's constitutionality is challenged, and it would take effect immediately upon passage.

Justice

https://legislature.vermont.gov/bill/status/2026/S.116