Connecticut General Statutes § 53a-59c Assault of a Pregnant Person Resulting in Termination of pregnancy

Connecticut General Statutes § 53a-59c makes it a serious felony to assault a pregnant person in a way that results in the termination of the pregnancy.

The statute focuses on the harm caused to the pregnant person when an assault leads to the loss of a pregnancy. Unlike homicide statutes, the law treats this offense as a specific form of aggravated assault that results in the termination of the pregnancy.

Cases charged under this statute often arise in domestic violence situations, physical altercations, or violent incidents where a pregnant person suffers injuries that ultimately result in the loss of the pregnancy.

To convict someone under C.G.S. § 53a-59c, the prosecution generally must prove that the defendant caused physical injury to a pregnant person and that the injury resulted in the termination of the pregnancy.

The State must also prove that the defendant acted intentionally, knowingly, or recklessly in causing the injury.

Another important issue is causation. The prosecution must establish that the assault caused the termination of the pregnancy rather than an unrelated medical condition or complication.

Assault of a pregnant person resulting in termination of pregnancy is classified as a Class B felony in Connecticut.

The statute also carries a mandatory minimum sentence of 10 years of incarceration if a person is convicted.

A conviction may expose a person to:

• A mandatory minimum prison sentence of 10 years
• Up to 20 years in prison
• A lengthy period of probation following incarceration
• Significant criminal fines
• A permanent felony criminal record

Because of the mandatory minimum sentence and the serious nature of the alleged harm, these cases are typically prosecuted very aggressively.

Example 1: Domestic Violence Incident
During a domestic dispute, a pregnant person is physically assaulted and later suffers injuries that lead to the termination of the pregnancy. If the assault caused the loss of the pregnancy, the statute may apply.

Example 2: Violent Altercation
During a physical fight, one person intentionally strikes a pregnant individual in the abdomen, causing injuries that result in the termination of the pregnancy.

Example 3: Reckless Conduct
Someone recklessly engages in violent conduct that causes physical injury to a pregnant person and the injuries ultimately lead to the loss of the pregnancy.

Example 4: When the Statute Does Not Apply
If a pregnant person suffers a medical complication or miscarriage unrelated to any assault or physical injury caused by another person, the statute would not apply.

Depending on the facts of the incident, Connecticut prosecutors sometimes file additional or alternative charges related to assault allegations. These may include:

• Assault in the First Degree – C.G.S. § 53a-59
  This charge generally involves intentionally causing serious physical injury using a deadly weapon or dangerous instrument.
• Assault in the Second Degree – C.G.S. § 53a-60
  This statute covers situations where a person intentionally causes physical injury or causes injury using certain weapons or dangerous instruments.
• Assault in the Third Degree – C.G.S. § 53a-61
  This is the most commonly charged assault offense and typically involves causing physical injury during a fight or altercation.
• Strangulation or Suffocation – C.G.S. § 53a-64aa
  In domestic violence cases, prosecutors may also consider strangulation charges if the incident involved pressure applied to the victim’s neck or airway.

In many cases charged under § 53a-59c, the most contested issue is whether the alleged assault actually caused the termination of the pregnancy.

Medical evidence often plays an important role in determining whether the injury resulted in the loss of the pregnancy or whether the pregnancy ended for unrelated medical reasons.

These cases frequently involve expert medical testimony and careful examination of the medical records.

Allegations involving serious physical injury and the termination of a pregnancy carry extremely severe consequences under Connecticut law.

These cases often involve complex medical and factual issues that must be carefully analyzed.

If you have been accused of a crime anywhere in Connecticut, contact Allan F. Friedman Criminal Lawyer for a confidential consultation at (2030 275-5555 or use our online contact form for rad response.

203-357-5555