MCL § 750.90a – Assault on pregnant individual with intent to cause miscarriage or stillbirth

Code Details

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

Exact Statute Text

MCL § 750.90a Summary

Michigan Compiled Law (MCL) § 750.90a makes it a serious felony to commit certain assaultive acts against a pregnant individual with the specific intent or reckless disregard to harm the pregnancy. This statute elevates the penalty for someone who engages in conduct already prohibited under Michigan’s general assault laws (MCL §§ 750.81 to 750.89), but does so when the victim is pregnant and the perpetrator aims to cause a miscarriage, stillbirth, or severe harm/death to the embryo or fetus. For a conviction under this section, two main conditions must be met: first, the assailant must have specifically intended to harm the pregnancy or acted with extreme recklessness regarding such harm; and second, the conduct must actually result in a miscarriage, stillbirth, or the death of the embryo or fetus. This law applies to any individual who commits the specified assaultive acts against a pregnant person.

Purpose of MCL § 750.90a

The legislative intent behind Michigan Penal Code § 750.90a is to provide enhanced legal protection for pregnant individuals and their unborn children from violent acts. This statute recognizes the unique vulnerability of a pregnant person and the tragic consequences of violence directed at a pregnancy. It aims to deter individuals from intentionally or recklessly harming an embryo or fetus through assaultive conduct against a pregnant individual. By classifying such actions as a felony punishable by life imprisonment or a substantial term of years, the law underscores society’s profound valuation of unborn life and the severe repercussions for those who threaten it through criminal acts. It fills a gap by specifically addressing harm to the unborn child resulting from assaults, beyond the harm inflicted solely upon the pregnant individual.

Real-World Example of MCL § 750.90a

Consider a hypothetical scenario: A man, enraged during an argument, shoves his visibly pregnant partner down a flight of stairs, screaming that he doesn’t want the baby. His partner suffers severe injuries, and tragically, the fall results in a miscarriage. The man’s actions, pushing his partner, constitute conduct proscribed under Michigan’s assault statutes (e.g., MCL § 750.81, assault and battery, or MCL § 750.84, assault with intent to do great bodily harm). Because the victim was pregnant, and the man’s statements and actions demonstrate an intent to cause harm to the fetus (or at least a wanton and willful disregard for the likelihood of causing a miscarriage), and his conduct indeed resulted in a miscarriage, he could be charged and convicted under MCL § 750.90a. This statute enhances the penalties beyond what would typically apply for a simple assault, recognizing the additional grave harm caused to the unborn child.

Related Statutes

MCL § 750.90a references “conduct proscribed under sections 81 to 89.” These sections are Michigan’s core assault statutes, which form the basis for the underlying criminal act. Some of the most relevant include:

• MCL § 750.81 – Assault; assault and battery; aggravated assault: This is the most basic assault statute, covering simple assaults and batteries. If the conduct involved a simple physical altercation, this would be the underlying charge.
• MCL § 750.82 – Assault with a dangerous weapon (Felonious Assault): If the perpetrator used a weapon in the assault against the pregnant individual, this section would apply as the underlying conduct.
• MCL § 750.83 – Assault with intent to commit murder: If the assault was committed with the intent to take the pregnant individual’s life, this would be the foundational charge.
• MCL § 750.84 – Assault with intent to do great bodily harm less than murder: This statute applies when an individual assaults another with the intent to cause serious, but not fatal, injury. This is a common underlying offense for severe physical assaults.

MCL § 750.90a essentially acts as an enhancement or an aggravated form of these existing assault crimes when the victim is pregnant, and the specific intent or reckless disregard to harm the pregnancy exists, and harm to the pregnancy occurs. It does not replace these statutes but provides for significantly harsher penalties due to the additional, devastating consequences to the unborn child.

Case Law Interpreting MCL § 750.90a

As of the current understanding, there is limited published Michigan appellate case law that directly and extensively interprets the unique elements and nuances of MCL § 750.90a. Many cases involving harm to an unborn child may be prosecuted under this statute at the trial level, but detailed appellate decisions specifically dissecting its provisions are not widely available on platforms like Google Scholar. This may be due to various factors, including the relatively clear language of the statute, pleas being entered before appeals, or appellate cases focusing on other aspects of the underlying assault. Therefore, extensive specific case law directly interpreting MCL § 750.90a is not readily available.

Why MCL § 750.90a Matters in Personal Injury Litigation

Although MCL § 750.90a is a criminal statute, its implications can significantly impact personal injury litigation, particularly for plaintiffs. When a criminal act covered by this statute occurs, it often forms the basis for a civil lawsuit seeking damages.

For plaintiffs and their attorneys, a conviction under MCL § 750.90a can be powerful evidence in a civil personal injury claim. In some jurisdictions, a criminal conviction for battery or assault can establish *prima facie* (at first glance) evidence of the defendant’s liability in a related civil case, simplifying the process of proving fault. For cases involving a miscarriage, stillbirth, or fetal death resulting from an assault, this statute provides a clear legal framework to demonstrate the egregiousness of the defendant’s conduct and the profound harm suffered by the pregnant individual. Plaintiffs can seek compensation for severe emotional distress, medical expenses related to the miscarriage/stillbirth, pain and suffering, and potentially, wrongful death damages for the loss of the fetus (where applicable under Michigan’s civil wrongful death statutes, which have specific criteria for fetal viability). The heightened criminal penalty also underscores the severity of the act, which can influence jury perceptions regarding non-economic damages.

For defense attorneys in civil cases stemming from such incidents, understanding the criminal statute is crucial. While a criminal conviction might establish liability, the civil case still requires proof of damages. Defense strategy would focus on mitigating the claimed damages, challenging causation, or arguing that the defendant’s intent did not align with the higher threshold of MCL § 750.90a, even if an underlying assault occurred. However, given the severe penalties of the criminal statute, a defendant facing such a charge would likely also be facing substantial civil liability, making early settlement discussions a possibility to avoid devastating civil judgments. The existence of MCL § 750.90a amplifies the gravity of these cases in both criminal and civil contexts.