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 proof 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 conduct related to consensual abortions or medical treatments for 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 for members of the General Assembly who cosponsored the act to intervene in any legal challenges to its constitutionality. The act is set to take effect upon passage.