Minnesota Statutes

Minn. Stat. § 609.268 (2026)

Injury Or Death Of Unborn Child In Commission Of Crime

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Subdivision 1.Death of unborn child.

Whoever, in the commission of a felony or in a violation of section 609.224, 609.2242, 609.23, 609.231, 609.2325, or 609.233, causes the death of an unborn child is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine not more than $30,000, or both. As used in this subdivision, "felony" does not include a violation of sections 609.185 to 609.2114, 609.221 to 609.2231, or 609.2661 to 609.2665.

Subd. 2.Injury to unborn child.

Whoever, in the commission of a felony or in a violation of section 609.23, 609.231, 609.2325 or 609.233, causes great or substantial bodily harm to an unborn child who is subsequently born alive, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. As used in this subdivision, "felony" does not include a violation of sections 609.2112 to 609.2114, 609.221 to 609.2231, or 609.267 to 609.2672.

Notes of Decisions
Cited in 1 case, 1991–1991 · leading case: State v. Bauer, 471 N.W.2d 363 (Minn. Ct. App. 1991).
State v. Bauer, 471 N.W.2d 363 (Minn. Ct. App. 1991). · cites it 2× “See Minn.Stat. § 609.268, subd. 1 (1988). Bauer could have been charged under this statute, which clearly includes an underlying felony of aiding a suicide, and which provides a less severe range of punishment.”
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