HB 1682: Missouri Prenatal Equal Protection Act
Sponsor: Rep. Burt Whaley
SUPPORT
HB 1682 rewrites parts of Missouri’s criminal code so that an unborn child is treated as a legal “person” in the homicide chapter from the moment of fertilization to birth. It creates a new statement of intent to “abolish abortion” in Missouri, tightens when a life-of-the-mother procedure is legally justified, and sends the act to the statewide ballot in August 2027.
What Does This Bill Do?
- Defines Personhood: Adds a definition to the homicide chapter stating that "Person" includes a human being, including an unborn child at every stage of development from the moment of fertilization until birth.
- Abolishes Abortion: Explicitly states the intent to "abolish abortion" in Missouri by treating willful prenatal killing like any other homicide.
- Protects Mothers (Duress): While mothers can be held liable for intentional killing, the bill creates a specific "Duress" defense for mothers who are coerced into abortion.
- Narrow Exception: Replaces broad "health" loopholes with a strict justification for medical procedures performed to avert the death of the mother (where the child's death is unintended).
The Constitutional Conflict
In 2024, Missouri voters adopted Amendment 3, creating a right to "reproductive freedom." HB 1682 is a direct statutory challenge to that amendment.
The Strategy:
By redefining the unborn as "persons" and treating abortion as homicide, this bill asserts that the U.S. Constitution (14th Amendment Equal Protection) trumps state constitutional language. This will almost certainly trigger litigation to determine if a state amendment can violate the federal rights of unborn persons.