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New York · 2025-2026 General Assembly

A02198 Establishes the crimes of assault on a pregnant person in the second degree as a class D felony and assault on a pregnant person in the first degree as a class C felony.

Direction

Abortion exceptionsAI label

No change to abortion access model confidence 80%

Creates new assault crimes for injury to a pregnant person or their unborn child but explicitly exempts abortion procedures performed with consent or implied by law, so abortion remains available without this new criminal penalty.

This section shall not apply to acts committed by: a. a pregnant person or any person providing treatment relating to an abortion for which the consent of the pregnant person, or a person authorized by law to act on behalf of the pregnant person, has been obtained or for which such consent is implied by law;

✓ Quote verified word for word in the bill text

Abortion personhood ivfAI label

Expands abortion access model confidence 70%

Defines 'injury' to include 'bodily injury to a pregnant person's unborn child' and creates crimes for causing such injury or death of the unborn child (with medical/abortion exceptions), treating the unborn child as a separate victim in assault cases.

For the purposes of this section, "injury" includes bodily injury to a pregnant person's unborn child.

✓ Quote verified word for word in the bill text

  1. Filed (completed)
  2. Committee
  3. Passed one chamber
  4. Passed both
  5. Governor
  6. Law

Status: Died (session ended)

Last action
2026-04-21: held for consideration in codes
Filed
2025-01-15
Committee
Codes
Sponsor
Brian Manktelow R + 19 cosponsors (1 D, 18 R)

Why the model tagged it this way: The bill creates new penal law crimes specifically for assaulting a pregnant person or causing injury/death to their unborn child, with explicit exceptions for abortion and medical treatment, and updates violent felony sentencing lists. This has no effect on abortion access or gestational limits but expands legal recognition of the unborn child as a victim in non-abortion contexts.

Related bills

Hearings and calendar

Votes

DateChamberMotionYea-Nay
2026-04-21AAssembly Codes Committee: Held for Consideration14-6Passed

Sponsors

Text versions

History (3 actions)
DateChamberAction
2026-04-21Aheld for consideration in codes
2026-01-07Areferred to codes
2025-01-15Areferred to codes