MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Judiciary B
By: Representative Martinson
AN ACT TO CREATE THE OFFENSE OF ENDANGERING AN UNBORN CHILD; TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 97-3-37, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Any pregnant woman who, either intentionally or by negligence, causes injury or death to any unborn child shall be guilty of the felony offense of endangering an unborn child and, upon conviction, shall be punished 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.
SECTION 2. Section 97-3-37, Mississippi Code of 1972, is amended as follows:
97-3-37. (1) 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 mother, shall be manslaughter.
(2) A person, other than the mother, 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 great bodily harm 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 serious or aggravated physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both.
(d) If the conduct results in physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than ninety (90) days or a fine of not more than Five Hundred Dollars ($500.00), or both.
(3) The provisions of this section shall not apply to any legal medical procedure performed by a licensed physician including legal abortions.
SECTION 3. This act shall take effect and be in force from and after July 1, 2002.