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Vermont bill classifies an unborn child as a person in criminal offenses involving bodily injury or death

Original title: An act relating to crimes against an unborn child

Last action · March 13, 2025: Read 1st time & referred to Committee on JudiciarySponsors: Terry Williams and 2 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

Vermont S.116 establishes that an is considered a person under state criminal laws when injured or killed by a criminal offense, while explicitly exempting the pregnant woman, consensual abortions, and medical treatments.

Why it matters

This measure alters criminal liability by allowing prosecutors to bring charges for harm or death to an without needing to prove the offender knew the mother was pregnant or intended to harm the fetus.

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

pregnant women

The bill protects the right to carry a child to term while exempting them from prosecution for actions regarding their unborn child.

Directly affected

criminal offenders

Offenders can be prosecuted for bodily injury or death caused to an unborn child without proof of intent or knowledge of pregnancy.

Key Facts

  • An unborn child is defined as the offspring of human beings prior to birth.
  • The unborn child is deemed a person for state criminal offenses when suffering bodily injury or death as a result of a crime.
  • Prosecution does not require the State to prove the offender knew the mother was pregnant.
  • Prosecution does not require the State to prove the offender intended to cause injury or death to the unborn child.
Show all 9 facts
  • The law prohibits the prosecution of a woman for actions with respect to her unborn child.
  • The law prohibits prosecution for conduct relating to an abortion with the pregnant woman's consent.
  • The law prohibits prosecution for any medical treatment of the pregnant woman or her unborn child.
  • The General Assembly may appoint cosponsors to intervene in any case challenging the act's constitutionality.
  • The act takes effect upon passage.

Frequently Asked Questions

Can a pregnant woman be prosecuted under this bill for her own actions?
No, the bill explicitly states that nothing permits the prosecution of a woman for actions with respect to her .
Does the State need to prove that an offender knew the victim was pregnant?
No, prosecution for an offense causing injury or death to an does not require proof that the person knew the mother was pregnant or intended to harm the unborn child.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

1 action
  1. Mar 13, 2025SenateIntroduced
    Read 1st time & referred to Committee on Judiciary

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Connected Entities

State v. Oliver, Vaillancourt v. Medical Center Hospital of Vermont, Inc., General Assembly
otherState v. Oliver“Court case ruling that an unborn fetus is not a person within criminal statutes”Map →
otherVaillancourt v. Medical Center Hospital of Vermont, Inc.“Court case addressing wrongful death liability for an unborn viable fetus”Map →
OrganizationGeneral Assembly“Vermont legislative body enacting the bill”Map →

Sources

Open source document

legislature.vermont.gov

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy85
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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