THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.90c Gross negligence against pregnant individual as crime. Sec. 90c.
A person who commits a grossly negligent act against a pregnant individual is guilty of a crime as follows: (a) If the act results in a miscarriage or stillbirth by that individual or death to the embryo or fetus, a felony punishable by imprisonment for not more than 15 years or a fine of not more than $7,500.00, or both. (b) If the act results in great bodily harm to the embryo or fetus, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both. (c) If the act results in serious or aggravated physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $500.00, or both. (d) If the act results in physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
History: Add. 1998, Act 238, Eff. Jan. 1, 1999 ;-- Am. 2001, Act 1, Eff. June 1, 2001 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003
Understanding the Gross Negligence Against Pregnant Individual Law in Michigan: Section 750.90c of the Michigan Penal Code Simplified
Section 750.90c of the Michigan Penal Code addresses the crime of committing a grossly negligent act against a pregnant individual. Here's a simplified interpretation of this law:
Gross Negligence Against a Pregnant Individual: This crime occurs when a person commits an act of gross negligence, meaning a severe lack of care or attention, against an individual who is pregnant.
Penalties: The punishment for this crime varies depending on the severity of the harm caused to the embryo, fetus, or the pregnant individual:
(a) If the negligent act results in a miscarriage, stillbirth, or the death of the embryo or fetus, the crime is considered a felony. The offender can be punished by imprisonment for up to 15 years, a fine of up to $7,500, or both.
(b) If the negligent act results in great bodily harm to the embryo or fetus, the crime is considered a felony. The offender can be punished by imprisonment for up to 5 years, a fine of up to $2,500, or both.
(c) If the negligent act results in serious or aggravated physical injury to the embryo or fetus, the crime is considered a misdemeanor. The offender can be punished by imprisonment for up to 6 months, a fine of up to $500, or both.
(d) If the negligent act results in physical injury to the embryo or fetus, the crime is considered a misdemeanor. The offender can be punished by imprisonment for up to 93 days, a fine of up to $500, or both.
The Importance of Understanding Section 750.90c
This law is crucial for protecting pregnant individuals and their unborn children from harm caused by severe negligence. It serves to deter potential harmful behaviors and highlights the severe legal consequences, including imprisonment and fines, for those who commit such acts. It's especially important for healthcare providers, individuals working with pregnant persons, law enforcement officers, legal professionals, and the general public to understand this law.