MCL § 750.90d – Assault on pregnant individual causing death 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
Sec. 90d.
A person who engages in conduct proscribed under section 625(1) or (3) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, that involves an accident with a pregnant individual is guilty of a felony punishable as follows:
(a) If the person’s conduct causes a miscarriage or stillbirth by that individual or death to the embryo or fetus, imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both.
(b) If the person’s conduct causes great bodily harm or serious or aggravated injury to the embryo or fetus, imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.
MCL § 750.90d Summary
This Michigan statute outlines specific felony charges for individuals whose conduct, while violating certain provisions of the Michigan Vehicle Code, causes harm to an embryo or fetus in an accident involving a pregnant person. The law applies when a driver commits an offense under MCL 257.625(1) or (3) – typically related to operating a vehicle under the influence of alcohol or drugs – and that conduct results in an accident involving a pregnant individual. The penalties vary significantly based on the severity of the harm to the unborn child. If the conduct leads to a miscarriage, stillbirth, or the death of the embryo or fetus, the offender may face up to 15 years in prison and/or substantial fines. If the conduct causes great bodily harm or serious injury to the embryo or fetus, the penalties include up to 5 years imprisonment and/or fines. This law specifically addresses the additional harm inflicted upon an unborn child due to impaired or reckless driving.
Purpose of MCL § 750.90d
The legislative intent behind this particular Michigan law is to provide a specific criminal penalty for actions that harm an unborn child when those actions stem from certain prohibited driving behaviors. Before the enactment of such statutes, the legal system often struggled to adequately penalize offenders for the loss or injury of a fetus in accidents caused by impaired driving, as existing laws might not fully recognize the fetus as a separate victim in all contexts. This statute closes that gap by explicitly establishing felonies for causing a miscarriage, stillbirth, death, or severe injury to an embryo or fetus due to vehicular conduct proscribed under MCL 257.625. It serves to deter dangerous driving practices, especially those involving impairment, by imposing severe consequences that acknowledge the distinct harm suffered by an unborn child and the pregnant individual.
Real-World Example of MCL § 750.90d
Consider a scenario where John, after consuming several alcoholic beverages, decides to drive home. He is pulled over by police and his blood alcohol content (BAC) is found to be above the legal limit, a clear violation of MCL 257.625(1). While driving erratically, he swerves into oncoming traffic and collides head-on with another vehicle. The driver of the other vehicle, Sarah, is 7 months pregnant. As a result of the severe impact, Sarah suffers significant injuries, and tragically, the collision causes her to experience a stillbirth. In this situation, beyond any charges related to drunk driving and assault on Sarah, John would also face a felony charge under MCL § 750.90d(a) for causing the stillbirth of the fetus due to his impaired driving conduct. Had the fetus survived but sustained severe brain damage necessitating lifelong care, John could instead face charges under MCL § 750.90d(b).
Related Statutes
The most directly related statute to MCL § 750.90d is the one it explicitly references:
- MCL 257.625(1) or (3) – Operating While Intoxicated (OWI) or Impaired: This section of the Michigan Vehicle Code broadly covers offenses related to driving a vehicle while under the influence of alcohol or controlled substances (Operating While Intoxicated) or while visibly impaired. Subsection (1) typically deals with general OWI offenses, where a person operates a vehicle with a blood alcohol content (BAC) of 0.08 grams or more, or under the influence of intoxicating liquor or a controlled substance. Subsection (3) addresses operating a vehicle while visibly impaired due to alcohol or drugs. MCL § 750.90d specifically links the harm to the fetus or embryo to conduct that violates these fundamental impaired driving laws, establishing a direct connection between dangerous vehicular operation and its gravest consequences for unborn life.
Case Law Interpreting MCL § 750.90d
Michigan appellate courts have had opportunities to interpret this specific statute. One notable case is:
In *People v. Green*, the Michigan Court of Appeals addressed arguments regarding the elements required for a conviction under MCL § 750.90d. The case involved a defendant who was driving while under the influence of intoxicating liquor and caused an accident resulting in the death of an unborn fetus. The court affirmed the conviction, clarifying that the statute applies where the defendant’s prohibited conduct under MCL 257.625(1) or (3) involves an accident with a pregnant individual and causes the specified harm to the embryo or fetus. The ruling underscores the direct causation required between the impaired driving offense and the tragic outcome for the unborn child.
Why MCL § 750.90d Personal Injury Relevance
While MCL § 750.90d is a criminal statute, it holds significant implications for personal injury litigation in Michigan. For victims and their legal representation, this statute can be a powerful tool in civil lawsuits arising from accidents where a pregnant individual and their unborn child suffer harm due to another’s negligent or reckless driving.
A criminal conviction under MCL § 750.90d, or even the underlying MCL 257.625 offenses, can serve as compelling evidence of negligence *per se* in a subsequent civil claim. Negligence per se means that a defendant’s violation of a statute is considered automatic proof of negligence, simplifying the plaintiff’s burden in establishing liability. This can significantly strengthen a personal injury claim for wrongful death of the fetus, emotional distress, medical expenses, and other damages incurred by the pregnant individual and their family.
For personal injury attorneys, understanding this statute allows them to fully articulate the severe nature of the harm caused, encompassing not only the injuries to the pregnant parent but also the profound loss or injury to the unborn child as recognized by law. This recognition can influence the calculation of damages, potentially leading to higher settlements or jury awards for non-economic damages like pain and suffering, loss of companionship, and emotional anguish associated with miscarriage, stillbirth, or severe fetal injury. It provides a legal framework that reinforces the societal value placed on unborn life in the context of vehicular accidents, shaping both plaintiff strategy and defense arguments.