New York 2025-2026 Regular Session

New York Senate Bill S05576

Introduced
2/25/25  
Refer
2/25/25  

Caption

Establishes the crime of feticide or the intentional killing of an unborn child at any stage of gestation; makes such crime a class A felony.

Summary

This bill would add a new crime to the New York Penal Law called “feticide.” Under the proposal, a person commits feticide when, with the intent to cause the death of an unborn child at any stage of gestation, they cause the termination of a pregnancy that results in the unborn child’s death. The bill expressly excludes terminations performed in accordance with Public Health Law section 2599-bb, which is the state’s abortion access protection law. The offense would be classified as a class A felony, making it one of the most serious crimes under New York law. The measure is framed as applying to unborn children at any stage of gestation, and it would create a separate criminal offense focused on intentional acts that end a pregnancy and cause fetal death.

Impact

If enacted, the bill would amend the Penal Law by creating a new section 125.24 and adding a standalone felony offense for intentional pregnancy termination resulting in fetal death, except where the termination is lawful under existing public health protections. It would expand criminal liability in cases involving violence or other intentional conduct against pregnant people, while preserving legal abortion access by carving out conduct authorized by Public Health Law section 2599-bb. The bill would primarily affect criminal prosecutors, defendants, pregnant individuals, and cases involving assaults or homicides that result in pregnancy loss.

Sentiment

Based on the bill text and available context, the measure appears to be introduced as a punitive criminal-law response to intentional harm against pregnant people and unborn children. There is no recorded committee discussion or vote history in the provided materials, so no formal legislative support or opposition can be measured from the record here. The caption and structure suggest a strong law-and-order framing, but the absence of transcripts or votes means the broader sentiment in the Legislature is not documented in the supplied context.

Contention

The main point of contention is likely the bill’s interaction with abortion rights and existing reproductive-health protections. Although the text exempts terminations performed under Public Health Law section 2599-bb, the creation of a crime for causing the death of an unborn child at any stage of gestation could raise concerns about how the law would be applied in practice, including whether it could affect investigations of pregnancy outcomes, domestic violence cases, or medical decision-making. Supporters would likely emphasize punishment for intentional violence against pregnant people, while opponents would likely focus on reproductive freedom, vagueness, and the risk of criminalizing conduct surrounding pregnancy loss.

Companion Bills

No companion bills found.

Previously Filed As

NY S09435

Establishes the crime of package theft in the fourth, third, second and first degrees; designates such crimes as a class A misdemeanor, class E felony, class D felony, and class B felony, respectively; provides instances that are not a defense to such crimes; provides for certain defenses to such crimes.

NY S04774

Creates the crime of vehicular homicide; makes such crime a class B felony.

NY A10772

Creates the crime of vehicular homicide; makes such crime a class B felony.

NY S07382

Increases penalties for certain larceny and fraud crimes against elderly persons; makes such crimes a class B felony.

NY S07469

Criminalizes the harassment of a child when the perpetrator intentionally or knowingly harasses, annoys or alarms a child or a child's parent or guardian; establishes a private right of action for harassment of a child.

NY A08051

Increases penalties for certain larceny and fraud crimes against elderly persons; makes such crimes a class B felony.

TX SB1204

Relating to an unborn child's rights and the civil and criminal liability and justification for prohibited conduct regarding an unborn child.

IN HB1334

Unborn children.

NY S06460

Establishes the crimes of sex trafficking of a vulnerable person and predatory sex trafficking when a person intentionally advances or profits from prostitution of a vulnerable person.

AZ HB2043

felony murder; unborn child

Similar Bills

No similar bills found.