Mississippi Code
Miss. Code Ann. § 97-3-37 (2026)
Homicide; killing of an unborn child; "human being" includes unborn child at every stage of gestation from conception until live birth for purposes of offenses of assault and homicide; "unborn child" defined; intentional injury to pregnant woman; penalties; provisions of section not applicable to legal medical procedures, including abortion
✓ current as of July 2026
- (1) For purposes of the offenses enumerated in this subsection (1), the term "human being" includes an unborn child at every stage of gestation from conception until live birth and the term "unborn child" means a member of the species homo sapiens, at any stage of development, who is carried in the womb:
- (a) Section 97-3-7, simple and aggravated assault and domestic violence;
- (b) Section 97-3-15, justifiable homicide;
- (c) Section 97-3-17, excusable homicide;
- (d) Section 97-3-19, murder, capital murder;
- (e) Section 97-3-27, homicide while committing a felony;
- (f) Section 97-3-29, homicide while committing a misdemeanor;
- (g) Section 97-3-33, killing a trespasser unnecessarily;
- (h) Section 97-3-35, killing without malice in the heat of passion;
- (i) Section 97-3-45, homicide by means of a dangerous animal;
- (j) Section 97-3-47, all other homicides;
- (k) Section 97-3-61, poisoning with intent to kill or injure.
- (2) A person who intentionally injures a pregnant woman is guilty of a crime as follows:
- (a) If the conduct results in a miscarriage or stillbirth by that individual, a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00), or both.
- (b) If the conduct results in serious physical injury to the embryo or fetus, a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both.
- (c) If the conduct results in minor physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than six (6) months or a fine of not more than One Thousand Dollars ($1,000.00), or both.
- (3) The provisions of this section shall not apply to any legal medical procedure performed by a licensed physician or other licensed medical professional, including legal abortions, when done at the request of a mother of an unborn child or the mother's legal guardian, or to the lawful dispensing or administration of lawfully prescribed medication.
- (4) Nothing contained in this section shall be construed to prohibit prosecution of an offender pursuant to the provisions of any other applicable statute.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (8); 1857, ch. 64, art. 172; 1871, § 2635; 1880, § 2883; 1892, § 1156; 1906, § 1234; Hemingway's 1917, § 964; 1930, § 992; 1942, § 2222; Laws, 2000, ch. 337, § 1; Laws, 2004, ch. 515, § 3; Laws, 2004, ch. 521, § 1; Laws, 2011, ch. 307, § 1, eff. 7/1/2011.
Notes of Decisions
Cited in 26
cases, 1984–2018 · leading case: 66 Fed. Credit Union v. Tucker, 853 So. 2d 104 (Miss. 2003).
66 Fed. Credit Union v. Tucker, 853 So. 2d 104 (Miss. 2003). “Consistent with the language found in Miss.Code Ann. § 97-3-37 (Rev. 2000), we hold that the wrongful death statute, Miss.”
State v. Courchesne, 998 A.2d 1 (Conn. 2010). “§ 18-4001 (2004) (“[m]urder is the unlawful killing of a human being, including, but not limited to, a human embryo or fetus”); Miss. Code Ann. § 97-3-37 (1) (2006) (“[f]or purposes of the offenses [of homicide, capital murder and assault], the term ‘human being’ includes an…”
Sitton v. State, 760 So. 2d 28 (Miss. Ct. App. 1999). “He now appeals his conviction and sentence to this Court, asserting that the circuit court erred in allowing into evidence an autopsy picture of the babies; that the State's evidence was insufficient to establish the elements of manslaughter pursuant to Miss.Code Ann. § 97-3-37…”
Tarinika Smith v. Church Mut. Ins. Co., 254 So. 3d 57 (Miss. 2018). “Finding pertinent language in Miss. Code Ann. § 97-3-37 , we maintain consistency with our criminal statute's express limitation that "the willful killing of an unborn quick child, by an injury to the mother of such child, which would be murder if it resulted in the death of the…”
Cockrell v. Pearl River Valley Water Dist., 865 So. 2d 357 (Miss. 2004). “The District also contends that the inappropriate conduct of Officer James constituted simple assault pursuant to Miss.Code Ann. § 97-3-37 (Rev.2000). [1] ¶ 13.”
People v. Davis, 872 P.2d 591 (Cal. 1994). “322 ; Miss. Code Ann. § 97-3-37 ; R.I. Gen. Laws Ann.”
Jackson v. State, 684 So. 2d 1213 (Miss. 1996). “However, although he used Andrea as a shield while he and Regina were struggling, there is no evidence that he stabbed the baby or killed the other children at that time.”
State Ex Rel. Atkinson v. Wilson, 332 S.E.2d 807 (W. Va. 1985). “" [10] Legislatures in a number of states have modified the common law born-alive rule by enacting statutes that establish criminal penalties for the murder of a viable unborn child.”
State v. Lamy, 969 A.2d 451 (N.H. 2009). “2661 (West 2003); Miss. Code Ann. § 97-3-37 (2006); Mo. Rev.”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “(2009); Miss. Code Ann. § 97-3-37 (2011); Neb.Rev.”
Jackson v. State, 672 So. 2d 468 (Miss. 1996). “However, although he used Andrea as a shield while he and Regina were struggling, there is no evidence that he stabbed the baby or killed the other children at that time.”
McCarty v. State, 2002 OK CR 4 (Okla. Crim. App. 2002). “322; Miss. Code Ann. § 97-3-37 ; R.I.Gen.Laws Ann.”
— Miss. Code Ann. § 97-3-37(1) — 3 cases
R.B. ex rel. V.D. v. State, 790 So. 2d 830 (Miss. 2001).
Seal v. State, 131 So. 3d 594 (Miss. Ct. App. 2013).
RB Ex Rel. VD v. State, 790 So. 2d 830 (Miss. 2001).
— Miss. Code Ann. § 97-3-37(1)(d) — 1 case
State of Mississippi v. Nina Buckhalter (Miss. 2012).
— Miss. Code Ann. § 97-3-37(6) — 2 cases
66 Fed. Credit Union v. Tucker, 853 So. 2d 104 (Miss. 2003). “Consistent with the language found in Miss.Code Ann. § 97-3-37 (Rev. 2000), we hold that the wrongful death statute, Miss.”
66 Fed. Credit Union v. Tracy Tucker (Miss. 2001).
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