Montana Fetal Homicide Law (HB 104)

This law was last updated on Apr 16, 2015

State

Montana

Number

HB 104

Status

Current

Proposed

Dec 12, 2012

Topics

Fetal Homicide

Full Bill Text

leg.mt.gov

HB 104 amends current legislation to make it a criminal offense to cause the death of a fetus of another human being. Under this law, the act of “deliberate homicide” now includes if a person knowingly causes the death of a fetus of another with knowledge that the woman is pregnant.

A “mitigated deliberate homicide” now includes if someone purposely or knowingly causes the death of a fetus of another with the knowledge that the woman is pregnant but does so under the influence of extreme mental or emotional stress.

Under this law, a “fetus” is defined as “an organism of the species homo sapiens from 8 weeks of development until complete expulsion or extraction from a woman’s body.”

The amended bill removes the possibility that a woman suffering a miscarriage or seeking an abortion would be charged with a crime, or that her health care provider would be charged with a crime.

STATUS

Passed. Became law without the Governor’s signature.