New Hampshire Fetal Homicide Bill (HB 1511)

HB 1511 would amend the definition of “fetus” for the purpose of certain homicide charges and remove the immunity from criminal charges for acts committed by a pregnant person relative to the fetus.

The bill would amend the definition of “fetus” in regards to first degree murder to mean:

“[…]an unborn offspring, from the embryo stage which is the end of the eighth week after conception or, in the case of in vitro fertilization, the end of the eighth week after implantation, until birth.”

Current law defines fetus as “unborn” offspring from the embryo stage which is the end of the 20th week after conception or implantation.

The bill would remove the following exceptions for first degree murder charges relative to a fetus:

• Any act committed by the pregnant person; and
• Any act committed at the request or direction of the pregnant person or for the benefit of the pregnant person.

In regards to the exception for any act performed by a physician or medical professional in the course of such professional’s duties, the bill would remove language which specifically exempts “an act that results in the termination of a pregnancy.”

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Related Legislation

Similar to HB 156, which failed to pass in 2017.

Similar to SB 66, which passed and was signed into law during the 2017 legislative session. SB 66 defines fetus to mean an “unborn” offspring from the embryo stage which is the end of the 20th week after conception or implantation.

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People