MCL § 750.90b – Assault on pregnant individual causing miscarriage or stillbirth

Code Details

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

Exact Statute Text

MCL § 750.90b Summary

This Michigan statute criminalizes intentionally committing assaultive conduct against a pregnant person that harms their unborn child. The law outlines different felony and misdemeanor penalties based on the severity of the harm caused to the embryo or fetus. Specifically, it applies when actions already considered crimes under Michigan’s general assault statutes (MCL 750.81 to 750.89) are directed at a pregnant individual, leading to consequences such as miscarriage, stillbirth, death, or various degrees of physical injury to the unborn child.

Purpose of MCL § 750.90b

The legislative intent behind this statute is to offer specific legal protection for unborn life when a pregnant individual is subjected to assaultive behavior. Prior to such laws, harm to a fetus during an assault on the mother might not have been adequately addressed or penalized under existing criminal statutes, which primarily focused on the harm to the pregnant individual themselves. This provision acknowledges the separate legal recognition and vulnerability of an embryo or fetus and aims to deter and punish acts that intentionally cause harm to the unborn child through violence against the pregnant parent. It fills a critical gap by providing penalties directly tied to the outcome for the unborn child, emphasizing the sanctity of prenatal life.

Real-World Example of MCL § 750.90b

Consider a hypothetical situation where an individual, John, gets into a heated argument with his pregnant partner, Sarah. In a fit of rage, John shoves Sarah forcefully, causing her to fall and hit her abdomen on a hard surface. Tragically, due to the trauma from the fall, Sarah suffers a miscarriage. In this scenario, John’s conduct—the shove—would likely fall under one of the proscribed assault statutes referenced in MCL 750.90b (e.g., MCL 750.81 for assault and battery). Because this intentional conduct resulted in a miscarriage, John could be charged under MCL 750.90b(a), facing felony charges punishable by up to 15 years in prison or a significant fine, or both, for the death of the embryo or fetus.

Related Statutes

MCL § 750.90b specifically references “conduct proscribed under sections 81 to 89” of the Michigan Penal Code. These sections primarily deal with various forms of assault and battery. Understanding these foundational statutes is crucial for comprehending the scope of MCL § 750.90b. Some key examples include:

• MCL § 750.81 – Assault; assault and battery: This general statute covers simple assault and battery, defined as an intentional unlawful offer or attempt to injure another or an intentional unlawful touching of another.
• MCL § 750.82 – Assault with intent to do great bodily harm less than murder; assault with a dangerous weapon: This statute addresses more severe forms of assault, including those committed with a dangerous weapon or with the intent to inflict serious non-fatal injury.
• MCL § 750.83 – Assault with intent to murder: This covers the most egregious form of assault, where the perpetrator intends to kill the victim.

These underlying assault statutes define the initial “conduct” that, when perpetrated against a pregnant individual and resulting in harm to the embryo or fetus, triggers the specific penalties outlined in MCL § 750.90b.

Case Law Interpreting MCL § 750.90b

Several Michigan appellate court cases have interpreted and applied MCL § 750.90b since its enactment. One notable case is *People v. Dedenbach*, where the Michigan Court of Appeals addressed arguments related to the constitutionality and application of the statute. The court’s decisions in such cases help clarify what constitutes “intentional” conduct and how to interpret the various levels of harm to an embryo or fetus under the law.

See search results for People v. Dedenbach MCL 750.90b on Google Scholar

Why MCL § 750.90b Matters in Personal Injury Litigation

While MCL § 750.90b is a criminal statute, its existence and application can significantly impact personal injury litigation, especially for plaintiffs and their legal strategies.

For a plaintiff who is a pregnant individual assaulted by another, resulting in harm to their unborn child, a criminal conviction under this statute can be powerful evidence in a subsequent civil lawsuit. Such a conviction can establish the defendant’s liability for battery and potentially wrongful death or injury to an unborn child, depending on Michigan’s civil common law and other applicable statutes. This can streamline the civil case, allowing the plaintiff to focus more on proving damages rather than liability.

The statute’s recognition of harm to the embryo or fetus, ranging from physical injury to death (miscarriage or stillbirth), provides a legal framework for valuing damages that might otherwise be difficult to quantify. This includes claims for medical expenses related to the injury or loss of the pregnancy, the emotional distress and psychological trauma experienced by the pregnant individual and potentially the father, and other non-economic damages. For personal injury attorneys, understanding this statute is crucial for fully assessing the scope of their client’s injuries and potential claims. It allows them to pursue compensation not just for the harm to the pregnant individual, but also for the profound loss or injury to the unborn child, providing a comprehensive approach to justice for their clients.