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HD 1352

An Act relative to fetal homicide

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

Massachusetts bill establishing fetal homicide as standalone crime when fetus dies during another felony, recognizing fetal personhood from conception onward.

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WeVote Research Nonpartisan
Bill Summary · HD 1352

Legislative bill overview

HD 1352 would establish fetal homicide as a distinct criminal offense in Massachusetts, allowing prosecution of individuals who cause the death of a fetus during the commission of another crime. The bill defines a fetus as beginning at conception and creates separate penalty structures for fetal homicide charges alongside existing homicide statutes.

Why is this important

This legislation addresses a gap in Massachusetts law regarding criminal liability for fetal death, which currently falls under existing homicide or assault statutes. The bill's passage or failure would significantly impact how prosecutors charge crimes involving pregnant individuals and would reflect broader policy choices about fetal legal status and personhood.

Potential points of contention

  • Definition of personhood and fetal rights: Establishing that a fetus has independent legal status separate from the pregnant person raises fundamental questions about personhood that intersect with abortion policy and reproductive rights debates.
  • Impact on pregnant people: Critics worry the law could be weaponized against pregnant women themselves (through prosecution for miscarriage, substance use, or accidents) or create perverse incentives in charging decisions.
  • Relationship to abortion law: The bill's interaction with Massachusetts' abortion protections remains unclear—specifically whether it could indirectly restrict abortion access or create legal inconsistencies.
  • Prosecutorial discretion: Creating a new charge category expands prosecutorial options and may lead to inconsistent application across different cases and jurisdictions.

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

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