MCL § 750.90c – Assault on pregnant individual causing great bodily harm to fetus
Table of Contents
Code Details
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Exact Statute Text
Click to view the complete statute text
750.90c Gross negligence against pregnant individual as crime.
Sec. 90c.
A person who commits a grossly negligent act against a pregnant individual is guilty of a crime as follows:
(a) If the act results in a miscarriage or stillbirth by that individual or death to the embryo or fetus, a felony punishable by imprisonment for not more than 15 years or a fine of not more than $7,500.00, or both.
(b) If the act results in great bodily harm to the embryo or fetus, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.
(c) If the act results in serious or aggravated physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $500.00, or both.
(d) If the act results in physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
MCL § 750.90c Summary
This Michigan statute outlines various criminal penalties for individuals who commit a grossly negligent act against a pregnant person, leading to harm to the embryo or fetus. The severity of the crime and its corresponding punishment depend directly on the extent of the harm inflicted. This law makes it a felony if a grossly negligent act results in a miscarriage, stillbirth, or the death of the embryo or fetus, carrying a maximum sentence of 15 years imprisonment and/or a $7,500 fine. Lesser but still significant penalties apply for great bodily harm, serious or aggravated physical injury, or mere physical injury to the embryo or fetus, ranging from felonies to misdemeanors with varying terms of imprisonment and fines. The statute applies to any person whose gross negligence causes such harm, irrespective of whether they intended to harm the fetus or the pregnant individual.
Purpose of MCL § 750.90c
The legislative intent behind this statute is to protect unborn life in Michigan by establishing criminal liability for acts of gross negligence that cause harm to an embryo or fetus. This legal provision addresses situations where an individual’s extreme carelessness, rather than specific intent, leads to tragic outcomes for a pregnancy. Lawmakers recognized a gap in the existing legal framework where severe harm to a fetus caused by a highly reckless act might otherwise go unpunished or be inadequately addressed by general assault or negligence laws. The law serves as a deterrent against grossly negligent conduct that endangers pregnant individuals and their unborn children, thereby reinforcing the state’s interest in safeguarding potential life and holding accountable those whose actions result in such harm. It specifically defines the different levels of harm and their corresponding criminal repercussions, providing clarity and a structured approach to prosecuting such offenses.
Real-World Example of MCL § 750.90c
Consider a scenario where John is driving his car significantly over the speed limit, aggressively weaving through traffic, and engaging in distracted driving by texting. He loses control of his vehicle and collides with another car driven by Sarah, who is 7 months pregnant. Due to the severe impact caused by John’s grossly negligent driving, Sarah suffers injuries, but more critically, the trauma results in great bodily harm to her unborn baby, requiring extensive medical intervention immediately after birth and leading to lifelong complications for the child. In this instance, John’s actions, characterized by extreme carelessness and disregard for safety, constitute a grossly negligent act under MCL § 750.90c. Even though John did not intend to harm Sarah or her fetus, his reckless driving directly led to serious harm to the unborn child. Under subsection (b) of the statute, John could face felony charges punishable by up to 5 years in prison and/or a $2,500 fine because his gross negligence resulted in great bodily harm to the embryo or fetus.
Related Statutes
Several Michigan statutes are closely related to MCL § 750.90c, as they address various forms of harm to pregnant individuals and their unborn children:
- MCL § 750.90a – Assault on pregnant individual causing miscarriage or stillbirth: This statute addresses intentional or knowing assault on a pregnant individual that results in a miscarriage or stillbirth, carrying severe felony penalties. Unlike 750.90c, which focuses on gross negligence, 750.90a requires a higher degree of intent.
- MCL § 750.90b – Assault on pregnant individual causing great bodily harm to fetus: Similar to 750.90a, this section deals with intentional or knowing assault that causes great bodily harm to an embryo or fetus. It also requires specific intent, differentiating it from the gross negligence standard of 750.90c.
- MCL § 750.81 – Assault and battery; simple: This general statute covers basic assault and battery but does not specifically address harm to a fetus or the aggravated nature of harm to a pregnant individual or their unborn child, which 750.90c and its related sections do.
- MCL § 750.321 et seq. – Homicide: In cases where a grossly negligent act against a pregnant individual results in the death of the pregnant individual themselves, or if the circumstances align with certain definitions of murder or manslaughter, these broader homicide statutes may also come into play, potentially alongside or instead of charges under 750.90c.
Case Law Interpreting MCL § 750.90c
Case law provides crucial context for understanding how statutes are applied and interpreted by the courts. Regarding MCL § 750.90c, judicial decisions often clarify the definition of “grossly negligent act” and the causal link required between the act and the harm to the embryo or fetus. One significant Michigan Court of Appeals case that has addressed this statute is *People v. Gentry, 736 N.W.2d 489 (2007)*. In this case, the court upheld the constitutionality of Michigan’s fetal protection statutes, including MCL § 750.90c, against challenges regarding their scope and application, particularly concerning the definition of “gross negligence” in the context of harm to a fetus. The ruling in *People v. Gentry* affirmed the legislature’s power to protect unborn life and provided guidance on the elements that must be proven to secure a conviction under this particular provision.
Why MCL § 750.90c Matters in Personal Injury Litigation
MCL § 750.90c holds significant weight in personal injury litigation, particularly in Michigan personal injury cases where a pregnant individual and their unborn child have been harmed due to another party’s actions. While this statute is a criminal law, its existence and the findings in criminal proceedings can profoundly influence civil personal injury claims.
For plaintiffs, a criminal conviction under MCL § 750.90c for gross negligence causing harm to a fetus can provide compelling evidence in a related civil lawsuit. Such a conviction may establish negligence or gross negligence *per se*, making it easier for the injured pregnant individual and/or the child (once born) to prove liability for medical expenses, pain and suffering, lost earning capacity, and other damages. It underscores the defendant’s egregious conduct and the severe, foreseeable consequences of their actions. Furthermore, the statute’s tiered penalties for different levels of harm to the fetus align with concepts of damages in civil claims, potentially guiding the valuation of pain, suffering, and future medical needs.
Defense attorneys, on the other hand, must understand this statute to anticipate potential criminal charges that may arise from their client’s actions, which could then impact civil liability. They may argue against the “grossly negligent” characterization, differentiate between the types of harm, or challenge the causal link between the act and the specific injury to the fetus. The potential for criminal charges under MCL § 750.90c elevates the stakes in personal injury cases involving pregnant plaintiffs, making it crucial for both sides to thoroughly investigate the facts and legal implications. Understanding this statute helps lawyers advise clients on the comprehensive legal risks and recovery avenues following incidents involving harm to an unborn child.