Puerto Rico Amends Penal Code to Recognize Fetus as Human Being in Murder Statute
Puerto Rico Gov. Jenniffer González on Thursday signed legislation amending the territory’s Penal Code to recognize a fetus as a human being within the article that defines murder, a change that has prompted concern from doctors and civil rights advocates about how the law may be applied.
The amendment, contained in Senate Bill 923, modifies the section of Puerto Rico’s criminal code that governs homicide. In a brief statement, the governor said the measure aims to maintain consistency between civil and criminal provisions by recognizing the unborn child as a human being. Government officials have stated that the change complements an existing statute that classifies as first degree murder the intentional killing of a pregnant woman when it results in the death of the conceived child at any stage of gestation.
That earlier statute was named after Keishla Rodríguez, who was pregnant when she was killed in April 2021. Her death led to the federal conviction of former boxer Félix Verdejo, who received two life sentences after a jury found him guilty. Supporters of the new amendment argue that it reinforces protections already reflected in that law.
Opponents, however, warn that altering the definition of who qualifies as a human being in the Penal Code may have consequences beyond cases involving violence against pregnant women. The measure was approved without public hearings, a process critics say limited medical and legal input before it became law.
Dr. Carlos Díaz Vélez, president of Puerto Rico’s College of Medical Surgeons, stated that the amendment brings complex clinical decisions into the realm of criminal law. He warned that physicians may begin practicing defensive medicine, adjusting or limiting treatment choices out of concern that a medical outcome could expose them to investigation or prosecution.
The amendment changes the definition used in homicide prosecutions. Criminal statutes must clearly define who is protected and what conduct is prohibited because violations can carry severe penalties, including imprisonment. By expanding the category of who may be recognized as a human being under the homicide statute, lawmakers have potentially broadened who can be treated as a separate victim in a criminal case.
When a definition shifts in a penal code, prosecutors must decide whether to bring charges under that language, and judges must determine how far the statute reaches. Courts often examine such changes closely because criminal laws are subject to due process protections under the United States Constitution, which require that statutes give fair notice of what conduct is prohibited and guard against arbitrary enforcement.
Legal advocates have focused on the concept of legal personality, which determines who can be recognized as a rights holder or a separate victim under criminal law. Rosa Seguí Cordero, an attorney and spokesperson for the National Campaign for Free, Safe and Accessible Abortion in Puerto Rico, stated that granting legal recognition to a fertilized egg raises questions about how other laws treat pregnancy, medical care, and potential liability. She questioned whether the language could lead to investigations in cases of miscarriage or pregnancy loss.
Changes to statutory definitions can also affect how related laws are interpreted. If different provisions appear to conflict, courts are tasked with reconciling them. Because the Penal Code carries the most serious criminal penalties, ambiguity in its language can become the focus of constitutional challenges if individuals argue that the statute is unclear or overly broad.
Annette Martínez Orabona, executive director of the American Civil Liberties Union in Puerto Rico, stated that amendments to the Penal Code warrant careful public discussion. She said the measure leaves ambiguity regarding civil rights and argued that the legislative process did not allow for adequate analysis before approval.
Supporters of fetal homicide provisions often maintain that such statutes are intended to address violence committed by third parties against pregnant women, rather than to regulate abortion. Abortion remains legal in Puerto Rico, and the newly signed bill does not create a separate abortion ban. Whether the revised language affects reproductive health law will depend on how prosecutors apply it and how courts interpret the statute in future cases.
The amendment took effect upon the governor’s signature and is now part of Puerto Rico’s Penal Code.
