2025 Session Last amended: 1989 session

§ 609.2671 — Assault of Unborn Child in the Second Degree

Plain-Language Summary

Second-degree assault of an unborn child means assaulting a pregnant woman and causing substantial bodily harm to the unborn child, who is later born alive. This includes causing premature birth before 37 weeks if the baby weighs 5.5 pounds or less. The penalty is up to five years in prison, a fine up to $10,000, or both.

Practical Notes
This law specifically recognizes premature birth caused by assault as a form of substantial bodily harm. Medical procedures done for legitimate health reasons are not covered. The unborn child must survive and be born alive for this charge to apply.