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H 1793

An Act relative to fetal homicide

194th Legislature (2025-2026) Introduced by David DeCoste and 5 co-sponsors

Creates a standalone fetal-homicide offense with penalties tied to the underlying crime, for harming a fetus, not covering abortion or medical treatment.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 1793

Summary: H.1793 An Act relative to fetal homicide

Overview

H.1793, introduced February 27, 2025, proposes a new criminal offense in Massachusetts to address harm to a fetus. Titled “An Act relative to fetal homicide,” the bill would add a new section (Section 13O) to Chapter 265 of the General Laws. The core idea is to treat certain acts that injure or kill a fetus as a separate offense, with penalties aligned to the statute that would apply if the underlying harm had occurred to the mother.

Key Provisions

  • New offense (Section 13O): A person who engages in conduct that violates laws in Chapter 265 and results in the death of, or bodily injury to, a child in utero commits a separate offense. The criminal act is prosecutable as its own offense, distinct from the underlying crime against the pregnant person or other victims.

  • Punishment (subsection c): The punishment for this fetal-homicide offense is the same as the punishment provided under law for the underlying conduct if the injury or death had occurred to the unborn child’s mother. In other words, penalties mirror what would apply if the mother had been harmed or killed.

  • Knowledge and intent (subsection c(2)): Prosecutors do not need to prove that the offender knew or should have known that the victim was pregnant, nor that the offender intended to kill or injure the unborn child.

  • Limitations and exclusions (subsection d): The bill explicitly would not permit prosecution for:

    • Abortion or related acts where consent of the pregnant woman (or someone legally authorized) has been obtained or is required by law;
    • Medical treatment of the pregnant woman or her unborn child;
    • Conduct involving a woman and her unborn child.

  • Definitions (subsection a):

    • “Bodily injury” includes substantial impairment of physical condition (e.g., burns, fractures, subdural hematoma, internal-organ injury, or injuries from repeated harm to bodily functions or skin).
    • “Child in utero” means a member of the species Homo sapiens at any stage of development carried in the womb.

Procedural Timeline and Status

  • Introduced and referred: Filed February 27, 2025; referred to the Judiciary Committee (and Senate concurred on multiple entries in February 2025).
  • Hearing: Initially scheduled for November 18, 2025, with a time window change (the hearing was rescheduled from 1:00 PM–8:00 PM in A-1 with a virtual component updated to a new end time; later listings show 1:00 PM–5:00 PM).
  • Related legislation: HD 1352 (the bill number in the prior session) is noted as replacing or related to this measure.

Who Is Affected

  • The offense would apply to individuals whose conduct causes death or bodily injury to a fetus, under circumstances covered by existing Massachusetts criminal law.
  • Not applicable to abortion-with-consent, required medical treatment, or certain acts by a pregnant woman toward her own unborn child.

Potential Impact

  • Creates a new, standalone fetal-homicide offense with penalties tied to the underlying crime.
  • Aligns penalties for injuries or deaths to a fetus with the penalties for equivalent injuries or deaths to the mother.
  • May influence prosecutions in cases involving violent crimes against pregnant women where the fetus is harmed or killed, while preserving broad protections for abortions and medical treatment.

Next Steps

  • Awaited committee action from The Judiciary.
  • Continued public hearing and potential amendments before floor consideration.

Compiled from official sources — confirm details with the bill’s official record.

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