THE MICHIGAN PENAL CODE
Act 328 of 1931
750.90a Conduct proscribed under MCL 750.81 to 750.89 as felony; intent.
Sec. 90a.
If a person intentionally commits conduct proscribed under sections 81 to 89 against a pregnant individual, the person is guilty of a felony punishable by imprisonment for life or any term of years if all of the following apply:
(a) The person intended to cause a miscarriage or stillbirth by that individual or death or great bodily harm to the embryo or fetus, or acted in wanton or willful disregard of the likelihood that the natural tendency of the person's conduct is to cause a miscarriage or stillbirth or death or great bodily harm to the embryo or fetus.
(b) The person's conduct resulted in a miscarriage or stillbirth by that individual or death to the embryo or fetus.
History: Add. 1998, Act 238, Eff. Jan. 1, 1999 ;-- Am. 2001, Act 1, Eff. June 1, 2001
Notes of Decisions
Cited in
13
cases (
7 in the last 5 years), 2002–2025 · leading case:
People v. Kurr, 654 N.W.2d 651 (Mich. Ct. App. 2002).
People v. Kurr, 654 N.W.2d 651 (Mich. Ct. App. 2002).
· cites it 4× “See MCL 750.90a et seq. 3 This act punishes individuals who harm or kill fetuses or embryos under various circum *322 stances.”
People v. Ambrose, 895 N.W.2d 198 (Mich. Ct. App. 2016).
· cites it 3× “For example, MCL 750.90a provides: If a person intentionally commits conduct proscribed under sections 81 to 89 [which involve various types of assault offenses] against a pregnant individual, the person is guilty of a felony punishable by imprisonment for life or any term of…”
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016).
· cites it 4× “For example, MCL 750.90a provides: If a person intentionally commits conduct proscribed under sections 81 to 89 [which involve various types of assault offenses] against a pregnant individual, the person is guilty of a felony punishable by imprisonment for life or any term of…”
People v. Fletcher, 679 N.W.2d 127 (Mich. Ct. App. 2004).
“316, assault of a pregnant individual with the intent of causing a miscarriage or stillbirth, MCL 750.90a, and two counts of felony-firearm, MCL 750.”
Sarah Marie Markiewicz v. David Randal Markiewicz (Mich. Ct. App. 2022).
· cites it 4× “Although there are no cases in Michigan directly addressing the nature of a frozen embryo, our legislature has indicated a public policy that includes special protections for nonviable embryos.”
People of Michigan v. Jeremiah James Boshell (Mich. Ct. App. 2021).
· cites it 2× “316(1)(a), assault of a pregnant individual causing a miscarriage or stillbirth, MCL 750.90a, and two counts of felony-firearm (second offense).”
Boshell v. Corrigan (E.D. Mich. 2024).
· cites it 2× “83, assault of a pregnant person with intent to cause miscarriage/stillbirth, Mich. Comp Laws § 750.90a, carrying a weapon with unlawful intent, Mich.”
People of Michigan v. Jacob Paul-Anthony Barnes (Mich. Ct. App. 2019).
“However, the jury did not convict Barnes of assault of a pregnant individual intentionally causing miscarriage, stillbirth, or death of an embryo or fetus, MCL 750.90a. Instead, the jury convicted him of assault on a pregnant individual causing miscarriage, stillbirth, or death…”
People of Michigan v. Samuel Jenkins (Mich. Ct. App. 2023).
“82(1), and a related conviction of felony-firearm; attempted assault of a pregnant individual with the intent to cause miscarriage or stillbirth, MCL 750.90a(a); MCL 750.92; carrying a concealed weapon (CCW), MCL 750.”
People of Michigan v. Matthew Joseph Connolly (Mich. Ct. App. 2024).
“Even if defendants’ position is true, it would not justify a defense-of-others instruction because defendants were trespassers with no legal right to be inside the WHC and therefore could not use force to protect anyone. -16- Defendants also argue they were entitled to a…”
Bluew v. Woods (E.D. Mich. 2019).
“§ 750.90a, and two counts of possession of a firearm during the commission of a felony, M.”
— Mich. Comp. Laws § 750.90a(a) — 1 case
People of Michigan v. Samuel Jenkins (Mich. Ct. App. 2023).
“82(1), and a related conviction of felony-firearm; attempted assault of a pregnant individual with the intent to cause miscarriage or stillbirth, MCL 750.90a(a); MCL 750.92; carrying a concealed weapon (CCW), MCL 750.”
— Mich. Comp. Laws § 750.90a(b) — 2 cases
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