Michigan Compiled Laws

Mich. Comp. Laws § 750.90b (2026)

Conduct proscribed under MCL 750.81 to 750.89 as crime; intent.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.90b Conduct proscribed under MCL 750.81 to 750.89 as crime; intent.

Sec. 90b.

    A person who intentionally commits conduct proscribed under sections 81 to 89 against a pregnant individual is guilty of a crime as follows:

    (a) If the conduct 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 conduct results in great bodily harm to the embryo or fetus, a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.

    (c) If the conduct results in serious or aggravated physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

    (d) If the conduct 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

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2002–2026 · leading case: People v. Ambrose, 895 N.W.2d 198 (Mich. Ct. App. 2016).
People v. Ambrose, 895 N.W.2d 198 (Mich. Ct. App. 2016). · cites it 3× “-4- Additionally, MCL 750.90b provides: A person who intentionally commits conduct proscribed under sections 81 to 89 against a pregnant individual is guilty of a crime as follows: (a) If the conduct results in a miscarriage or stillbirth by that individual, or death to the…”
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016). · cites it 4× “[Emphasis added; see also MCL 750.90b (also 4 Enacted by 1998 PA 238 , effective January 1, 1999.”
People v. Kurr, 654 N.W.2d 651 (Mich. Ct. App. 2002). “” MCL 750.90b punishes an individual for harming or killing a fetus or embryo during an intentional assault against a pregnant woman without regard to the individual’s intent or recklessness concerning the fetus or embryo.”
People of Michigan v. Bryan May (Mich. Ct. App. 2015). · cites it 5× “The fetal protection act, MCL 750.90b, prohibits assault of a pregnant individual and provides: A person who intentionally commits conduct proscribed under [MCL 750.”
People of Michigan v. Jacob Paul-Anthony Barnes (Mich. Ct. App. 2019). · cites it 2× “He was also convicted of assault of a pregnant individual causing miscarriage, stillbirth, or death of an embryo or fetus, MCL 750.90b, and mutilation of a dead body, MCL 750.”
People of Michigan v. Gabrielle Marie Brantley (Mich. Ct. App. 2026). · cites it 2× “316(1)(a), and assault of a pregnant individual causing miscarriage or stillbirth, MCL 750.90b(a), and acquitted defendant of two counts of carrying a firearm during the commission of a felony (felony- firearm), MCL 750.”
People of Michigan v. Darius Theriot (Mich. Ct. App. 2016). “227b, and assault of a pregnant person causing death to a fetus, MCL 750.90b(a). The trial court originally sentenced defendant, as a second habitual offender, MCL 769.”
People of Michigan v. Samuel Demetrious Ambrose (Mich. Ct. App. 2016). “” MCL 750.90b and 90c criminalize intentional conduct and grossly negligent conduct, respectively, against a pregnant individual resulting in miscarriage, stillbirth, death or harm to an embryo or fetus.”
Sarah Marie Markiewicz v. David Randal Markiewicz (Mich. Ct. App. 2022). “” MCL 750.90b punishes an individual for harming or killing a fetus or embryo during an intentional assault against a pregnant woman without regard to the individual’s intent or recklessness concerning the fetus or embryo.”
Theriot v. MacLaren (E.D. Mich. 2019). “83, one count of assaulting a pregnant woman causing miscarriage or death to a fetus in violation of Michigan Compiled Laws § 750.90b(a), and one count of possessing a firearm during the commission of a felony in violation of Michigan Compiled Laws § 750.”
— Mich. Comp. Laws § 750.90b(a) — 4 cases
People of Michigan v. Gabrielle Marie Brantley (Mich. Ct. App. 2026). “316(1)(a), and assault of a pregnant individual causing miscarriage or stillbirth, MCL 750.90b(a), and acquitted defendant of two counts of carrying a firearm during the commission of a felony (felony- firearm), MCL 750.”
People of Michigan v. Darius Theriot (Mich. Ct. App. 2016). “227b, and assault of a pregnant person causing death to a fetus, MCL 750.90b(a). The trial court originally sentenced defendant, as a second habitual offender, MCL 769.”
Theriot v. MacLaren (E.D. Mich. 2019). “83, one count of assaulting a pregnant woman causing miscarriage or death to a fetus in violation of Michigan Compiled Laws § 750.90b(a), and one count of possessing a firearm during the commission of a felony in violation of Michigan Compiled Laws § 750.”
People of Michigan v. Bryan May (Mich. Ct. App. 2015). “The fetal protection act, MCL 750.90b, prohibits assault of a pregnant individual and provides: A person who intentionally commits conduct proscribed under [MCL 750.”
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