Bill > H2216

This bill establishes a new crime called "fetal homicide" in Massachusetts, which applies when certain criminal acts, as defined in Chapter 265 of the General Laws, result in the death of or bodily injury to a "child in utero," meaning a human fetus at any stage of development carried in the womb. The bill clarifies that "bodily injury" includes significant physical harm like fractures, internal organ damage, or conditions that endanger a child's health or welfare. Crucially, the penalties for this new offense are the same as if the injury or death had occurred to the pregnant woman herself, and it does not require the perpetrator to know the woman was pregnant or to have intended to harm the fetus. However, the bill explicitly exempts conduct related to lawful abortions, medical treatments for the pregnant woman or fetus, and any actions taken by the pregnant woman herself concerning her unborn child from prosecution under this new law.