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HD 1871

An Act relative to unborn victims of violence

194th Legislature (2025-2026) Introduced by David DeCoste

Massachusetts bill creating separate criminal charges for fetal injury/death during violent crimes against pregnant people, establishing fetal victim status in criminal law.

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WeVote Research Nonpartisan
Bill Summary · HD 1871

Legislative bill overview

HD 1871 would create criminal liability for harming a fetus during commission of a violent crime, allowing prosecutors to bring separate charges for fetal injury or death distinct from charges against the pregnant person. The bill establishes that an "unborn child" is a victim under Massachusetts law when violence is perpetrated against a pregnant person.

Why is this important

This legislation directly affects how crimes against pregnant people are prosecuted and what penalties offenders face. It has significant implications for abortion law interpretation, fetal rights doctrine, and how Massachusetts aligns with roughly half the states that have similar "fetal harm" statutes.

Potential points of contention

  • Abortion law intersection: Opponents worry the bill could be weaponized to criminalize abortion or restrict reproductive autonomy by establishing fetal personhood in criminal law, while supporters argue it only addresses criminal violence, not medical procedures
  • Definitional ambiguity: Questions about when fetal protections begin (conception, heartbeat, viability) and how "unborn child" is legally defined could create enforcement inconsistencies
  • Prosecutorial discretion: The bill could incentivize charging decisions that complicate cases involving pregnant victims, potentially pressuring them or affecting plea negotiations in ways that don't serve their interests

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

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