What's happening
This bill creates the crime of assault on a pregnant individual, making it a class D felony if someone intentionally injures a person they know is pregnant.
Why it matters
Specifically targets violence against pregnant individuals. By creating a distinct felony offense for assaulting someone known or reasonably believed to be pregnant, the bill recognizes the heightened vulnerability of pregnant people and aims to deter targeted harm against them.
Expands legal protections beyond existing assault laws. The legislation covers not just general bodily injury, but explicitly includes injuries that result in the termination of a pregnancy, offering additional recourse for cases where harm to the pregnancy occurs, even if the pregnant person survives.
Protects reproductive health care providers and patients. The bill explicitly exempts medical professionals performing abortions or providing other medical treatments, ensuring it cannot be used to prosecute lawful abortion providers or pregnant individuals themselves, and clarifying it is not intended to interfere with reproductive rights.
Elevates the crime’s severity to a violent felony. By adding this assault to the list of class D violent felonies, the bill increases potential penalties, which could influence prosecution strategies and sentencing, potentially resulting in longer prison terms for offenders.
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Who cares
Headline styles
Protect Pregnant Individuals from Assault
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Recommit, enacting clause stricken
- Referred to women's issues
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2408
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Women's Issues
AN ACT to amend the penal law, in relation to establishing the crime of assault on a pregnant individual
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Liv Act."
§ 2. The penal law is amended by adding new section 120.05-a to read as follows: § 120.05-a Assault on a pregnant individual.
A person is guilty of assault on a pregnant individual when he or she intentionally or knowingly causes injury to an individual he or she knows or has reason to know is pregnant.
1. For the purposes of this section, "injury" includes bodily injury that results in the termination of a pregnancy.
2. This section shall not apply to acts committed by:
a. a pregnant individual or any person providing treatment relating to an abortion for which the consent of the pregnant individual, or a person authorized by law to act on behalf of the pregnant individual, has been obtained or for which such consent is implied by law; or
b. any person providing any medical treatment of a pregnant individual.
3. This section shall be construed and applied consistent with article twenty-five of the public health law and applicable laws and regulations governing health procedures. Assault on a pregnant individual is a class D felony.
§ 3. Paragraph (c) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
(c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08661-01-9
S. 2408 2
as defined in section 120.02, assault in the second degree as defined in section 120.05, assault on a pregnant individual as defined in section 120.05-a, menacing a police officer or peace officer as defined in section 120.18, stalking in the first degree, as defined in subdivision one of section 120.60, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdivision three of section 135.35, criminal possession of a weapon in the third degree as defined in subdivision five, six, seven, eight, nine or ten of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, and aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to estab- lishing the crime of assault on a pregnant individual
Purpose
To establish the crime of assault on a pregnant individual.
Summary of provisions
Section one states the title of the Liv Act.
Section two adds new section 120.09 to the penal code. It provides that a person who knowingly or intentionally causes injury to pregnant indi- vidual shall be guilty of assault. Exempts pregnant individuals, appli- cable medical providers and other individuals as required by law.
Section three makes conforming changes to section Section four provides the effective date.
Justification
On the night of May 21, 2018 and into the next morning, Livia Abreu's ex-boyfriend accused her of cheating on him, and stabbed her multiple times in the torso and chest with a household knife. She was 26 weeks pregnant. For over 30 minutes, he prevented Abreu from calling 911 or leaving the apartment to seek medical attention. Her unborn child died and Abreu was hospitalized with injuries for about two weeks. Several weeks later, the Bronx District Attorney indicted her attacker with second-degree attempted murder, first and second-degree abortion, first and second-degree assault, and unlawful imprisonment.
Presently, the only statutes governing harm to a pregnant woman in New York State would be the same statutes repealed by the Reproductive Health Act (RHA). It is well established that these laws are intended for and currently are used by law enforcement to prosecute those who intentionally harm a woman because she is pregnant, the RHA contains no new language recognizing crimes against women who choose to carry the pregnancy to term. To say that current law or other statutes are suffi- cient for what is all too common abuse is a disservice to these women.
New York State law currently provides and should continue to provide a remedy to a woman who has had her reproductive freedom violated. According to the American College of Obstetricians and Gynecologists, approximately 324,000 pregnant women are abused each year in the United States and the severity of intimate partner violence may escalate during pregnancy and the postpartum period.
The Liv Act expressly recognizes the pregnant woman as the victim of violence. While some may argue that Liv's attacker could still be charged with second-degree attempted murder, first and second-degree assault, and unlawful imprisonment, not one of these statutes would account for how her pregnancy defined the harm she experience. The Liv Act would ensure that whether or not there is a loss of pregnancy, establishing the crime of assault against a pregnant woman makes it clear that her choice will be protected and those wishing to take that choice will be held responsible. New York State has laws recognizing that pregnant women experience discrimination at work. The State has laws recognizing the necessity of maternity leave. New York State has announced investigations into preg- nancy discrimination and retaliation by businesses and major corpo- rations. The State has established the workgroups to look at reducing maternal mortality rates, of which New York has some of the highest in the nation. It would be unconscionable to fail to recognize the reality of these crimes and the true nature of the harm experienced by pregnant women.
Legislative history
New bill.
Fiscal implications
None.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.