Maryland Fetal Homicide Bill (HB 757)

HB 757 would expand the application of certain provisions relating to a prosecution for murder or manslaughter of a viable fetus to include nonviable fetuses.

The bill defines “fetus” to mean “an unborn offspring of the species homo sapiens from the end of the eighth week after fertilization until birth.”

The bill would allow a prosecution for murder or manslaughter of a fetus if the person prosecuted:

• intended to cause the death of the fetus;
• intended to cause serious physical injury to the fetus; or
• wantonly or recklessly disregarded the likelihood that the person’s actions would cause the death of or serious physical injury to the fetus; and
• should have known that the individual was pregnant at the time of the offense.

---

Related Legislation

Companion bill to SB 561.

Similar to HB 748/SB 533, which failed to pass in 2018.

---

Latest Action

2/8/19 – Introduced; referred to House Health and Government Operations Committee.

---

People