MCL § 750.90g – Definitions for assaults on pregnant individuals

Code Details

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

Exact Statute Text

MCL § 750.90g Summary

This Michigan statute, officially known as the “Infant Protection Act,” establishes that a live infant, once any part of its body exists outside of the mother, is legally recognized as a person with full rights and protections. The law specifically prohibits any individual from intentionally performing an action or procedure on such a “live infant” with the intent to cause its death. Violating this provision is a felony, carrying severe penalties including life imprisonment or a substantial fine. The statute provides critical exceptions: it does not apply to a physician taking medically necessary steps to save the mother’s life, provided reasonable precautions are also taken to save the infant’s life. Additionally, actions taken by the mother herself are exempt from this specific felony charge, though the mother may still be subject to other relevant laws. The act defines key terms such as “live infant,” “outside of the mother’s body,” “part of the fetus,” and “physician” to clarify its scope.

Purpose of MCL § 750.90g

The legislative purpose behind the Michigan “Infant Protection Act” is rooted in the state’s compelling interest to safeguard the life of infants at a critical stage of birth. This Michigan law addresses the perceived gap in legal protections for an infant that has begun to emerge from the mother’s body but is not yet fully delivered. The legislature explicitly clarifies that such an infant is considered a person, not merely a fetus or potential life, and therefore deserves legal protection. This statute aims to prevent the intentional killing of a live infant during the process of birth, affirming the sanctity of life once any part of the infant is outside the mother’s body and exhibits signs of life. It creates a specific felony offense to deter and punish such actions, while carefully carving out exceptions for necessary medical procedures performed by licensed physicians to save the mother’s life and for actions taken by the mother herself.

Real-World Example of MCL § 750.90g

Imagine a scenario where a person, not a licensed medical professional, is assisting in a birth outside of a hospital setting. During a difficult delivery, the infant’s head and shoulders emerge, and the infant is visibly breathing and has a detectable heartbeat. At this critical moment, the assistant, with the express intent to cause the infant’s death, performs an action that results in the infant’s demise before full expulsion from the mother’s body. In this hypothetical situation, the assistant could be charged under MCL § 750.90g. The infant met the definition of a “live infant” because a part of its body (head and shoulders) was “outside of the mother’s body” and it exhibited signs of life (breathing, heartbeat). The assistant’s intentional action to cause death would fall squarely within the prohibited conduct outlined in subsection (3), leading to potential felony charges. This example highlights the statute’s focus on protecting infants once they begin to emerge from the mother’s body, irrespective of full delivery.

Related Statutes

While MCL § 750.90g specifically addresses the protection of a “live infant” at a particular stage of birth, several other Michigan statutes deal with harm to individuals, including children and unborn fetuses.

• MCL § 750.316 – Murder; first degree: This statute defines first-degree murder, which involves premeditated killing or killing during the commission of certain felonies. If an intentional act against a live infant resulted in its death and met the criteria for premeditation or felony murder, this statute could be considered.
• MCL § 750.321 – Murder; second degree: Defines murder without premeditation. This could also be applicable if the intent to kill a live infant exists but lacks premeditation.
• MCL § 750.322 – Manslaughter; generally: Addresses unlawful killing without malice aforethought.
• MCL § 750.323a – Fetus or embryo; assault or battery; violation; penalties: This is the “Unborn Victims of Violence Act,” which specifically creates offenses for causing harm or death to a human embryo or fetus at any stage of development, distinct from the “live infant” definition in MCL § 750.90g. While 750.90g focuses on infants *outside* the body, 750.323a protects them *in utero*.
• MCL § 750.81 – Assault; generally: Basic assault charges could apply if the actions caused injury but not death, or if the intent to cause death was not proven, but harm to the live infant was intended.

These statutes illustrate the broader legal framework in Michigan that protects human life at various stages, complementing the specific protections afforded by the Infant Protection Act.

Case Law Interpreting MCL § 750.90g

As of this writing, extensive published appellate case law directly interpreting MCL § 750.90g, the “Infant Protection Act,” is not readily apparent in a general Google Scholar search. This could be due to several factors, including the relatively specific nature of the statute, the possibility that cases are handled at lower court levels without appeal, or that the statute has not been frequently litigated in a manner leading to published opinions.
A search on Google Scholar for “MCL 750.90g” or “Michigan Infant Protection Act” may yield related legislative discussions or scholarly articles, but specific judicial interpretations remain limited.
Google Scholar search for “MCL 750.90g” and “Michigan Infant Protection Act”

Why MCL § 750.90g Matters in Personal Injury Litigation

While MCL § 750.90g is a criminal statute, its definitions and legislative intent can significantly impact personal injury litigation, particularly in cases involving wrongful death or severe harm to an infant during the birth process. In Michigan personal injury law, the “Infant Protection Act” establishes a clear legal standard for when a “live infant” is considered a person deserving of protection.

For plaintiffs, this criminal statute can be crucial in wrongful death claims. If an individual, other than the mother or a physician acting under the specified exceptions, intentionally causes the death of a live infant as defined by the act, this could potentially form the basis for a civil wrongful death lawsuit against that individual. The statute’s clear definition of a “live infant” and the prohibition against intentional harm establishes a legal duty and a standard of care that, if breached, could lead to civil liability. Even if criminal charges are not pursued or result in acquittal, the principles and definitions within MCL § 750.90g could be introduced as evidence of a legal standard in a civil trial.

For defense arguments, understanding the precise definitions of “live infant,” “outside of the mother’s body,” and the specific exceptions is paramount. For example, if a physician is involved, the defense would likely emphasize whether the actions were taken in the physician’s reasonable medical judgment to save the mother’s life and if every reasonable precaution was taken to save the infant’s life, as per subsection (4). Similarly, the exclusion for actions taken by the mother in subsection (5) is a critical defense point.

Attorneys and their clients involved in personal injury cases where an infant suffered injury or death during birth must understand MCL § 750.90g. It provides a legal framework for identifying culpability and determining the legal status of an infant at a specific, vulnerable stage of existence, influencing both plaintiff strategy in seeking justice and defense arguments in mitigating liability.