Bill > H1392

This bill, titled "Relative to fetal homicide," proposes to amend Massachusetts General Laws by adding a new section that establishes a separate offense for conduct resulting in the death of or bodily injury to a "child in utero," which is defined as a human fetus at any stage of development carried in the womb. The bill specifies that "bodily injury" means a substantial impairment of physical condition, including various types of harm. The penalty for this new offense would be the same as the penalty for the underlying conduct if it had caused injury or death to the pregnant woman herself. Importantly, the prosecution of this offense would not require proof that the perpetrator knew the victim was pregnant or intended to harm the fetus. The bill also includes provisions that explicitly state it does not apply to conduct related to lawful abortions, medical treatment for the pregnant woman or fetus, or to a woman with respect to her own unborn child.