HD 1352 Massachusetts House · 194th Legislature (2025-2026)

An Act relative to fetal homicide

This bill creates a separate criminal offense for causing death or bodily injury to a fetus (defined as "child in utero" at any developmental stage) through acts that would otherwise violate laws like assault. It directly affects individuals whose criminal conduct results in fetal harm, such as in cases of domestic violence or accidents. The key mechanism sets the punishment for this offense equal to what would apply if the injury occurred to the pregnant person, and it explicitly excludes prosecution for legal abortions, medical treatments for the pregnant person or fetus, or actions taken by the pregnant person themselves. The law clarifies that intent to harm the fetus or knowledge of pregnancy is not required for prosecution.
Bill status Introduction 0 of 4 stages cleared
Introduction
Committee Review
Floor Vote
Governor