Massachusetts Bill Regarding Fetal Homicide Penalties (H 3338)
This law was last updated on Apr 18, 2019
H 3338 would make it a criminal offense to cause bodily injury or death to a “child in utero.” A child in utero is defined as “a member of the species homo sapiens, at any stage of development, who is carried in the womb.”
If a person engages in conduct that results in the death of, or bodily injury to, a child in utero, their punishment would be the same as the punishment provided under law for that conduct had the injury or death occurred to the “unborn child’s mother.”
The bill would not require proof that the person had knowledge of the person’s pregnancy.
The law would not apply to conduct relating to an abortion or medical procedure.
Identical to H 861, which failed to pass during the 2017-2018 legislative session.
1/22/19 – Introduced; referred to Joint Judiciary Committee.