Bill S.116 proposes to recognize an unborn child as a person under Vermont law for the purposes of criminal offenses, specifically when the unborn child suffers bodily injury or death due to a criminal act. The bill outlines that an unborn child is defined as the offspring of human beings prior to birth and establishes that prosecution for crimes resulting in harm to an unborn child does not require the state to prove that the perpetrator knew the mother was pregnant or intended to harm the unborn child. Additionally, the bill includes provisions to ensure that it does not allow for the prosecution of a woman for actions regarding her unborn child, nor for individuals involved in consensual abortions or medical treatments related to the pregnant woman or her unborn child.

The bill also includes legislative findings that highlight the existing legal distinctions regarding the status of a viable fetus in Vermont law, referencing past court cases that have addressed this issue. Furthermore, it allows the General Assembly to appoint members to intervene in any legal challenges to the act's constitutionality. The act is set to take effect upon passage.