THE MICHIGAN PENAL CODE
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
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2002–2022 · 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).
“90b and MCL 750.90c penalize intentional conduct and grossly negligent conduct, respectively, against a pregnant individual resulting in miscarriage, stillbirth, death, serious or aggravated physical injury, or great bodily harm to an embryo or fetus.”
People v. Kurr, 654 N.W.2d 651 (Mich. Ct. App. 2002).
“MCL 750.90c punishes an individual for harming or killing a fetus or embryo during a grossly negligent act against a pregnant woman, again without regard to the individual’s state of mind concerning the fetus or embryo.”
People of Michigan v. Jacob Paul-Anthony Barnes (Mich. Ct. App. 2019).
“-14- However, we remand for the ministerial purpose of correcting the amended judgment of sentence, which incorrectly reflects that Barnes was convicted under MCL 750.90c, which prohibits the commission of a grossly negligent act against a pregnant individual.”
Sarah Marie Markiewicz v. David Randal Markiewicz (Mich. Ct. App. 2022).
“MCL 750.90c punishes an individual for harming or killing a fetus or embryo during a grossly negligent act against a pregnant woman, again without regard to the individual’s state of mind concerning the fetus or embryo.”
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