Assault of a Pregnant Individual in Michigan

Michigan addresses an assault on a pregnant person in two layers. The first is MCL 750.81(3): assaulting an individual who is pregnant, knowing the individual is pregnant, is a misdemeanor punishable by up to 93 days in jail, a fine of up to $500, or both.^[1] The second is a group of statutes, MCL 750.90a to 750.90c, that add penalties up to life imprisonment when the assault or a grossly negligent act harms the pregnancy.^[5][4][7]

If you are pregnant and being hurt or threatened, the National Domestic Violence Hotline is free, confidential, and available 24/7 at 1-800-799-SAFE (7233), or by texting START to 88788.^[8] Michigan's statewide VOICES4 hotline takes calls and texts at 855-864-2374.^[9][10] If you are in immediate danger or need medical care, call 911.

This page explains each layer, how the charges relate to ordinary domestic assault, and what the statutes do and do not require the prosecutor to prove.

The basic offense: MCL 750.81(3)

Subsection (3) reads: "An individual who assaults or assaults and batters an individual who is pregnant and who knows the individual is pregnant is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both."^[1]

Three features stand out.

• Knowledge is an element. The provision applies only to a person who knows the individual is pregnant.^[1]
• No relationship is required. Unlike domestic assault, subsection (3) does not depend on the two people being spouses, dating partners, co-parents, or household members.^[1]
• No injury is required. The provision uses the ordinary terms "assaults or assaults and batters." An assault does not require physical contact, and neither assault nor assault and battery requires an injury.^[1][11][12]

The definitions of assault and battery, and the role of intent, are covered in Assault vs. battery in Michigan and Domestic assault: MCL 750.81 explained.

If the first-offense penalty is the same, why does subsection (3) matter?

A first offense under subsection (3) carries the same maximum as a first domestic assault under subsection (2).^[1][13] The significance lies in the repeat-offender provisions. Subsections (4) and (5) apply to an assault "in violation of subsection (2) or (3)" and count prior convictions for assaulting "an individual described in either subsection (2) or subsection (3)."^[2][3]

Offense under MCL 750.81	Classification	Maximum penalty
Assault of a known-pregnant individual, no qualifying prior	Misdemeanor	93 days, $500 fine, or both[1]
With one previous qualifying conviction	Misdemeanor	1 year, $1,000 fine, or both[2]
With two or more previous qualifying convictions	Felony	5 years, $5,000 fine, or both[3]

A qualifying prior is a conviction for assaulting a person in one of the protected categories under MCL 750.81 or a corresponding local ordinance, under the aggravated assault, felonious assault, and related assault statutes, or under a corresponding law of another state.^[14] There is no look-back period: the statute places no limit on the age of a prior conviction.^[15] How priors are noticed and proven is explained in Second and third offenses.

One trap for readers using older material: before July 25, 2016, "750.81(3)" was the number of the second-offense provision. Since that date subsection (3) is the pregnancy provision, and second and third offenses are subsections (4) and (5).^[1][2]

When the pregnancy is harmed: MCL 750.90a to 750.90c

These sections are separate offenses from the assault statutes. Two of them are built on "conduct proscribed under sections 81 to 89," which is the range of the Penal Code that contains the assault offenses, including domestic assault, aggravated assault, felonious assault, and strangulation.^[5][4] The third covers gross negligence.^[7]

Statute	Conduct	Result	Maximum penalty
MCL 750.90a	Intentional assaultive conduct against a pregnant individual, with intent to cause miscarriage, stillbirth, or death or great bodily harm to the embryo or fetus, or in wanton or willful disregard of that likelihood	Miscarriage, stillbirth, or death of the embryo or fetus	Felony: life or any term of years[5]
MCL 750.90b(a)	Intentional assaultive conduct against a pregnant individual	Miscarriage, stillbirth, or death of the embryo or fetus	Felony: 15 years, $7,500 fine, or both[4]
MCL 750.90b(b)	Same	Great bodily harm to the embryo or fetus	Felony: 10 years, $5,000 fine, or both[4]
MCL 750.90b(c)	Same	Serious or aggravated physical injury to the embryo or fetus	Misdemeanor: 1 year, $1,000 fine, or both[16]
MCL 750.90b(d)	Same	Physical injury to the embryo or fetus	Misdemeanor: 93 days, $500 fine, or both[16]
MCL 750.90c(a)	Grossly negligent act against a pregnant individual	Miscarriage, stillbirth, or death of the embryo or fetus	Felony: 15 years, $7,500 fine, or both[7]
MCL 750.90c(b)	Same	Great bodily harm to the embryo or fetus	Felony: 5 years, $2,500 fine, or both[16]
MCL 750.90c(c)	Same	Serious or aggravated physical injury to the embryo or fetus	Misdemeanor: 6 months, $500 fine, or both[16]
MCL 750.90c(d)	Same	Physical injury to the embryo or fetus	Misdemeanor: 93 days, $500 fine, or both[16]

The difference between MCL 750.90a and 750.90b(a) is the state of mind about harm to the pregnancy. Both require an intentional assaultive act and a miscarriage, stillbirth, or death of the embryo or fetus. Section 90a adds that the person intended that kind of harm or acted in wanton or willful disregard of the likelihood that the natural tendency of the conduct was to cause it.^[5][4]

Is knowledge of the pregnancy required?

The words of the statutes differ on this point. MCL 750.81(3) applies to a person "who knows the individual is pregnant." Sections 90a, 90b, and 90c speak only of conduct "against a pregnant individual" and contain no words requiring that the person knew of the pregnancy.^[6] That is a description of the text. How courts instruct juries on these sections was not reviewed for this page, and anyone facing one of these charges should have a lawyer examine that question.

What the 90a to 90c statutes do not cover

MCL 750.90f excludes three things from these sections: an act committed by the pregnant individual; a medical procedure performed by a physician or other licensed medical professional within the scope of practice and with the pregnant individual's consent, or without consent as necessitated by a medical emergency; and the lawful dispensation, administration, or prescription of medication.^[17] The same section says it does not prohibit a prosecution under any other applicable law.^[17]

Neighboring sections deal with driving. MCL 750.90d makes it a felony to engage in conduct prohibited by the drunk and impaired driving provisions the statute cross-references, MCL 257.625(1) or (3), that involves an accident with a pregnant individual: up to 15 years if it causes a miscarriage, stillbirth, or death of the embryo or fetus, and up to 5 years if it causes great bodily harm or serious or aggravated injury to the embryo or fetus.^[18] Under MCL 750.90e, careless or reckless driving that is the proximate cause of an accident involving a pregnant individual and results in a miscarriage, stillbirth, or death of the embryo or fetus is a misdemeanor punishable by up to 2 years, a $2,000 fine, or both.^[18]

How these charges combine with other domestic charges

Because sections 90a and 90b are defined by reference to the assault statutes, a single incident can support both an assault charge and a charge under one of these sections. If the pregnant person is injured, the assault charge itself may be more serious than simple assault:

• An assault without a weapon that inflicts serious or aggravated injury on a spouse, dating partner, co-parent, or household member is aggravated domestic assault, punishable by up to 1 year.^[19] See Aggravated domestic assault.
• Strangulation or suffocation is a felony punishable by up to 10 years.^[20] See Strangulation and suffocation charges.
• An assault with a dangerous weapon is felonious assault, punishable by up to 4 years.^[21] See Felonious assault in a domestic case.

Which court, and how long the prosecutor has

A first or second offense under MCL 750.81 is a misdemeanor within the district court's trial jurisdiction. A third-offense felony and the felony tiers of the pregnancy statutes begin in district court and, if bound over, are tried and sentenced in circuit court.^[22] For sentencing-guidelines purposes, a third-offense "domestic assault or assault of a pregnant individual with prior convictions" is a Class E crime against a person.^[23] The path of each kind of case is described in Misdemeanor or felony?

Michigan has no limitations period written specifically for domestic assault; charges under MCL 750.81 fall under the general rule and may be filed within 6 years after the offense is committed.^[24] See Statute of limitations for domestic violence.

Firearms and the first-offender deferral

Michigan's 8-year firearm prohibition attaches to a "misdemeanor involving domestic violence," a term defined by a list of statutory subsections. The list names MCL 750.81(2) and, in some circumstances, 750.81(4). It does not name 750.81(3).^[25][26] Where the pregnant person is also in a domestic relationship with the accused, prosecutors can charge under subsection (2), which is on the list.^[13][25] Federal firearm law uses its own definition and is covered in The federal firearm ban.

The first-offender deferral in MCL 769.4a is written for violations of MCL 750.81 or 750.81a against a person in a domestic relationship with the accused.^[27] Eligibility and the consequences of a deferral are explained in The first-offender deferral.

What people get wrong

"Hitting a pregnant woman is always a felony." A first offense under MCL 750.81(3) is a 93-day misdemeanor.^[1] Felony exposure comes from prior convictions, from the seriousness of the assault itself, or from harm to the pregnancy.^[3][4]

"If I did not know, I cannot be charged." Lack of knowledge matters under MCL 750.81(3).^[1] The text of the sections that punish harm to the pregnancy does not include a knowledge requirement.^[6]

"It only applies to couples." Subsection (3) contains no relationship element.^[1]

A person accused under any of these statutes is presumed innocent, and the prosecutor must prove each element beyond a reasonable doubt.^[28] Agencies that help people in danger are listed in Where to get help.