Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.322 (2026)

Manslaughter; wilful killing of unborn quick child.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.322 Manslaughter; wilful killing of unborn quick child.

Sec. 322.

    Wilful killing of unborn quick child—The wilful killing of an unborn quick child by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, shall be deemed manslaughter.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.322

FormerLaw Notes:

    See section 32 of Ch. 153 of R.S. 1846, being CL 1857, § 5742; CL 1871, § 7541; How., § 9106; CL 1897, § 11501; CL 1915, § 15223; and CL 1929, § 16739.

Notes of Decisions
Cited in 14 cases, 1972–2016 · leading case: People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016).
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People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016). · cites it 8× “In reaching this conclusion, we compared the negligent homicide statute with two statutes that specifically criminalized certain acts of harming unborn fetuses, the assaultive abortion statute, MCL 750.322,2 and the manslaughter by abortion statute, MCL 750.”
People v. Mendoza, 664 N.W.2d 685 (Mich. 2003). · cites it 2× “[8] The "benefit of clergy" was a political compromise between the state and the church, intended to ensure errant clerics who were convicted in the royal court were turned over to the ecclesiastical courts for sentencing.”
People v. Smith, 731 N.W.2d 411 (Mich. 2007). · cites it 2× “, the willful killing of an unborn quick child by means of an assault on the mother, MCL 750.322, and the killing of an unborn quick child or mother "from use of medicine, etc.”
Larkin v. Wayne Prosecutor, 208 N.W.2d 176 (Mich. 1973). · cites it 12× “MCLA 750.322 — ASSAULTIVE ABORTION MCLA 750.”
People v. Greene, 661 N.W.2d 616 (Mich. Ct. App. 2003). · cites it 2× “After reviewing the record, it is readily apparent that the evidence establishes nothing more than defendant's stated desire that Hughbanks not attend the preliminary examination.”
People v. Davis, 872 P.2d 591 (Cal. 1994). · cites it 2× “§ 16-5-80 ; Mich. Comp. Laws Ann. § 750.322 ; Miss. Code Ann.”
People v. Guthrie, 293 N.W.2d 775 (Mich. Ct. App. 1980). · cites it 2× “"We hold that the word child as used in MCLA 750.322; MSA 28.544, and MCLA 750.323; MSA 28.”
People v. Townes, 218 N.W.2d 136 (Mich. 1974). · cites it 2× “433; MCLA 750.322; MSA 28.554; and, MCLA 750.329, MSA 28.”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “2011); Mich. Comp. Laws Ann. § 750.322 (2004) (a "quickening” manslaughter statute that, subsequent to Roe v.”
McCarty v. State, 2002 OK CR 4 (Okla. Crim. App. 2002). · cites it 2× “§ 16-5-80; Mich.Comp.Laws Ann. § 750.322; Miss. Code Ann.”
Toth v. Goree, 237 N.W.2d 297 (Mich. Ct. App. 1975). · cites it 2× “In Larkin v Wayne Prosecutor, 389 Mich 533 ; 208 NW2d 176 (1973), one of the issues presented was whether Roe rendered MCLA 750.322; MSA 28.554, assaultive abortion, invalid.”
Doe v. Dir. of the Dep't of Soc. Servs., 468 N.W.2d 862 (Mich. Ct. App. 1991). · cites it 2× “The Court defined "child," as used in MCL 750.322 and 750.323; MSA 28.554 and 28.”
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