MCL § 750.90e – Assault on pregnant individual with intent to cause death or great bodily harm

Code Details

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

Exact Statute Text

MCL § 750.90e Summary

This section of Michigan law, MCL § 750.90e, addresses specific conduct related to motor vehicle operation and its impact on pregnant individuals. While the title provided for this article suggests “assault on a pregnant individual,” the text of the statute itself specifically outlines a misdemeanor offense for operating a motor vehicle carelessly or recklessly. It applies when such operation becomes the direct cause of an accident involving a pregnant person, and that accident leads to a miscarriage, stillbirth, or the death of an embryo or fetus. The key elements are careless or reckless (but not willful or wanton) driving, an accident with a pregnant individual, and the resulting loss of the pregnancy or fetus. A conviction under this statute carries a penalty of up to two years in prison, a fine of up to $2,000, or both.

Purpose of MCL § 750.90e

The legislative intent behind this particular Michigan statute is to provide a specific legal avenue to address the tragic outcome of a pregnancy loss or fetal death when it results from negligent or reckless motor vehicle operation. This law aims to hold individuals accountable for their actions on the road, particularly when their careless driving directly leads to such devastating consequences for a pregnant individual and their unborn child. Prior to such statutes, it could be challenging to prosecute individuals for harm to a fetus in cases of negligence without proving more severe intent. This provision ensures that even conduct short of willful malice, but still falling below the standard of safe driving, can result in criminal penalties when a pregnancy is tragically impacted by an accident. It underscores society’s value for unborn life and the protection of pregnant individuals from preventable harm caused by others’ motor vehicle negligence.

Real-World Example of MCL § 750.90e

Consider the following scenario: Sarah, who is six months pregnant, is driving her car cautiously through an intersection. Meanwhile, Mark, distracted by his phone, fails to notice a yield sign and merges carelessly into Sarah’s lane, causing a collision. The impact, while not extremely severe, causes Sarah to go into premature labor, and tragically, the medical complications from the accident result in a stillbirth. In this situation, Mark’s operation of his vehicle was reckless (due to distraction and failing to yield), but not necessarily willful or wanton (he didn’t intend to cause harm). Because his reckless driving was the proximate cause of the accident, which in turn led to Sarah’s stillbirth, Mark could be charged under MCL § 750.90e for his conduct, facing the outlined misdemeanor penalties.

Related Statutes

While MCL § 750.90e specifically addresses motor vehicle conduct resulting in harm to an embryo or fetus, several other Michigan statutes deal with various degrees of negligent or reckless driving and resulting harm, though not always specifically targeting pregnant individuals or fetal loss.

• MCL § 257.626 – Reckless Driving: This statute broadly defines and penalizes the operation of a vehicle “in willful or wanton disregard for the safety of persons or property.” While MCL § 750.90e specifically excludes “willfully or wantonly,” reckless driving under MCL § 257.626 might apply if the driving behavior was more egregious, potentially leading to additional charges or different outcomes if death or serious injury occurs.
• MCL § 750.324 – Felonious Driving: This law addresses operating a vehicle “recklessly or with gross negligence” and causing “serious impairment of a body function” to another person. While MCL § 750.90e covers fetal loss, felonious driving would apply if the pregnant individual themselves suffered a serious injury from the same accident.
• MCL § 750.321 – Negligent Homicide: If a driver’s gross negligence causes the death of another *person*, this felony statute might apply. The crucial distinction here is whether the “death of another person” includes an embryo or fetus at various stages, a complex legal question that MCL § 750.90e specifically addresses for certain outcomes.

Case Law Interpreting MCL § 750.90e

Specific published appellate case law directly interpreting the nuances and elements of MCL § 750.90e appears to be limited in readily accessible public databases as of current review. This may be due to the relatively specific nature of the statute or that cases are often resolved at lower court levels without proceeding to appellate review that generates published opinions. Therefore, comprehensive judicial interpretations defining specific terms or scenarios under this statute are not widely available in published appellate decisions. For current legal research, a search on Google Scholar for the statute number MCL 750.90e can provide access to any developing case law or citations that may refer to this section.

Why MCL § 750.90e Matters in Personal Injury Litigation

Even though MCL § 750.90e is a criminal statute, its existence is highly relevant in Michigan personal injury litigation, particularly in cases involving motor vehicle accidents that tragically affect pregnant individuals. When a driver is found guilty or pleads guilty to a violation of this statute, it can have significant implications for a subsequent civil personal injury or wrongful death claim brought by the affected pregnant individual or their family.

Firstly, a criminal conviction under this section could serve as powerful evidence of negligence per se in a civil lawsuit. This means that the defendant’s violation of the statute itself can be presented as conclusive proof of their negligence, relieving the plaintiff from having to independently prove negligence through other means. This streamlines the process of establishing liability in the civil case.

Secondly, the statute explicitly recognizes and penalizes harm to an embryo or fetus caused by negligent driving. This legal recognition can bolster arguments for damages in a civil suit, especially regarding emotional distress, pain and suffering experienced by the mother due to the loss of her pregnancy, and potentially other specific damages related to the loss of the unborn child where recognized by Michigan’s civil law. It provides a legal framework that acknowledges the profound impact of such an event beyond just physical injury to the mother. For both plaintiffs and defense attorneys, understanding the elements and potential application of MCL § 750.90e is crucial when evaluating cases involving motor vehicle accidents and pregnancy outcomes in Michigan.