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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1989 

                         CHAPTER 20-H.F.No. 27 
           An act relating to crimes; expanding the definition of 
          "substantial bodily harm" in the crime of second 
          degree assault of an unborn child to include premature 
          birth; amending Minnesota Statutes 1988, section 
          609.2671.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 609.2671, is 
amended to read: 
    609.2671 [ASSAULT OF AN UNBORN CHILD IN THE SECOND DEGREE.] 
    Whoever assaults a pregnant woman and inflicts substantial 
bodily harm on an unborn child who is subsequently born alive 
may be sentenced to imprisonment for not more than five years or 
to payment of a fine of not more than $10,000, or both. 
    As used in this section, "substantial bodily harm" includes 
the birth of the unborn child prior to 37 weeks gestation if the 
child weighs 2,500 grams or less at the time of birth.  
"Substantial bodily harm" does not include the inducement of the 
unborn child's birth when done for bona fide medical purposes. 
     Sec. 2.  [EFFECTIVE DATE.] 
     Section 1 is effective August 1, 1989, and applies to 
crimes committed on or after that date. 
    Presented to the governor April 3, 1989 
    Signed by the governor April 4, 1989, 2:02 p.m.