Montana Fetal Homicide Law (HB 104)
This law was last updated on Apr 16, 2015
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.
Passed. Became law without the Governor’s signature.