MCL § 750.90f – Assault on pregnant individual causing physical injury to fetus

Code Details

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

Exact Statute Text

MCL § 750.90f Summary

Michigan Compiled Law § 750.90f clarifies the scope of sections 90a through 90e, which pertain to assault on a pregnant individual resulting in physical injury to the fetus. This particular section outlines specific circumstances under which those preceding statutes do not apply, effectively providing exceptions or defenses.

Specifically, the law states that sections 90a to 90e are not applicable to:

• Actions undertaken by the pregnant individual herself. This means a pregnant person cannot be prosecuted under these specific statutes for causing injury to their own fetus.
• Medical procedures performed by a licensed physician or other medical professional acting within their professional scope. This exception applies if the pregnant individual, or someone legally authorized to do so, provides consent, or if the procedure is necessary due to a medical emergency.
• The lawful dispensing, administering, or prescribing of medication.

It is important to note that while these exclusions prevent prosecution under sections 90a to 90e, subsection (2) explicitly states that this does not prevent prosecution under any other relevant law. Finally, the statute defines “physician or other licensed medical professional” by referencing specific sections of Michigan’s Public Health Code (MCL 333.16101 to 333.18838).

Purpose of MCL § 750.90f

The legislative intent behind Michigan Compiled Law § 750.90f is to narrowly define the criminal offenses related to assaulting a pregnant individual and causing fetal injury, ensuring that legitimate medical care, a pregnant individual’s own actions, and proper medical treatment are not mistakenly categorized as criminal acts under sections 90a through 90e. The statute aims to provide clarity and protection for medical professionals performing necessary procedures, as well as for pregnant individuals themselves, by exempting their actions from specific criminal liability.

This law exists to prevent the unintended prosecution of healthcare providers who are performing their duties in good faith, or of pregnant individuals for outcomes related to their own bodies or decisions. By carving out these specific exceptions, the Michigan legislature seeks to focus the application of sections 90a to 90e on third-party criminal conduct that intentionally or recklessly harms a pregnant person and their fetus, rather than on medical procedures or self-inflicted situations. Simultaneously, the clause stating that other laws may still apply ensures that genuinely criminal acts are not overlooked.

Real-World Example of MCL § 750.90f

Consider a scenario where a pregnant individual, Sarah, is experiencing complications. Her doctor, Dr. Lee, a licensed medical professional, determines that an emergency surgical procedure is necessary to save Sarah’s life, even though there’s a recognized risk of injury to the fetus, which Sarah consents to. During the procedure, the fetus unfortunately suffers a physical injury.

In this situation, MCL § 750.90f would apply. Because Dr. Lee performed a medical procedure within the scope of her practice, with Sarah’s consent, and due to a medical emergency, sections 90a to 90e (which criminalize assault on a pregnant individual causing fetal injury) would not apply to Dr. Lee’s actions. The statute provides a legal safeguard for medical professionals acting within established medical guidelines and with appropriate consent.

Conversely, if Sarah were to accidentally fall down a set of stairs, resulting in a fetal injury, MCL § 750.90f(1)(a) would apply, exempting her from prosecution under sections 90a to 90e because the act was committed by the pregnant individual. However, if a third party intentionally pushed Sarah down the stairs, causing fetal injury, then MCL § 750.90f would *not* apply, and the third party could potentially be prosecuted under sections 90a to 90e or other applicable laws.

Related Statutes

MCL § 750.90f is directly related to and defines the applicability of MCL § 750.90a to MCL § 750.90e. While the full text of these statutes is not provided, the title of MCL § 750.90f indicates that these sections likely detail the criminal offenses for “Assault on pregnant individual causing physical injury to fetus.” Therefore, MCL § 750.90f acts as an exception clause to the core prohibitions outlined in those preceding sections. Understanding 750.90f requires knowledge that it carves out specific actions by the pregnant individual, medical professionals, or involving medication from the scope of criminal liability defined by 750.90a-90e.

Additionally, MCL § 750.90f(3) directly references Article 15 of the Public Health Code, 1978 PA 368, MCL 333.16101 to 333.18838. This article broadly governs health professions in Michigan, including the licensing and regulation of physicians and other medical professionals. The reference ensures that the term “physician or other licensed medical professional” as used in 750.90f is precisely defined by existing Michigan law, preventing ambiguity regarding who qualifies for the medical procedure exception.

Case Law Interpreting MCL § 750.90f

There does not appear to be significant published case law directly interpreting MCL § 750.90f specifically on Google Scholar. This is often the case for statutes that define exceptions or applicability rather than the core criminal offense itself. Cases would more likely focus on interpreting the main sections (MCL § 750.90a to 750.90e) and then reference 750.90f as a defense or an exclusionary factor. Should relevant case law emerge in the future, it would typically address scenarios where a defendant attempts to claim one of the enumerated exceptions, or where a court clarifies the scope of “medical procedure” or “licensed medical professional” within the context of this statute.

Why MCL § 750.90f Matters in Personal Injury Litigation

While MCL § 750.90f is a component of Michigan’s Penal Code, dealing with criminal offenses, its provisions hold significant, albeit indirect, relevance in Michigan personal injury litigation. Personal injury cases, which are civil matters, often arise from actions that could also constitute criminal behavior.

1. Establishing Negligence or Intent: In personal injury claims involving harm to a pregnant individual or fetus, the existence of a criminal statute like 750.90a-90e (which 750.90f references) can help establish a defendant’s duty of care and breach. If a third party’s actions violated 750.90a-90e by assaulting a pregnant person and injuring the fetus, this could serve as strong evidence of negligence per se or intentional misconduct in a civil suit, allowing a plaintiff to seek damages.
2. Defining the Scope of Wrongful Acts: MCL § 750.90f is critical because it clarifies what *isn’t* considered a criminal assault under sections 90a-90e. For personal injury attorneys, understanding these exceptions is vital. For example, if a medical procedure results in fetal injury, 750.90f indicates that it’s not a criminal assault. However, this does not automatically absolve the medical professional of civil liability. If the procedure was performed negligently or below the accepted standard of care, it could still form the basis of a medical malpractice lawsuit, even if it doesn’t meet the criminal threshold.
3. Impact on Damages and Claims: The ability (or inability) to prosecute an individual under related criminal statutes can influence how civil damages are pursued. If an act falls outside the criminal definition due to an exception in 750.90f, a plaintiff’s attorney must explore other avenues for civil recovery, such as general negligence, battery (if applicable), or medical malpractice. This statute helps delineate the boundaries, guiding attorneys on whether to pursue a claim based on criminal-level intent or a lower standard of civil negligence.
4. Defense Strategies: For defense attorneys in civil cases, MCL § 750.90f can be a powerful tool. If their client’s actions fall under one of the enumerated exceptions (e.g., a medical professional acting within the scope of practice with consent), they can argue that the act was legally permissible, even if it resulted in injury. While this doesn’t guarantee freedom from civil liability (e.g., in a malpractice suit), it can significantly alter the nature and perceived severity of the alleged wrongdoing.

In essence, while MCL § 750.90f doesn’t directly create civil causes of action, it shapes the legal landscape by defining what constitutes criminal assault in these sensitive situations, thereby influencing the strategies and arguments made in related Michigan personal injury lawsuits.