Proposed North Carolina Law Links Murder Charges to Abortion

House Bill 1232 in North Carolina declares that life begins at fertilization and attaches attempted murder and first degree murder charges to any individual who destroys an embryo.
Published: 5/29/2026, 1:04:34 PM EDT
Proposed North Carolina Law Links Murder Charges to Abortion
Law enforcement stand guard outside the state Capitol in downtown Raleigh, N.C., on Jan. 17, 2021. (Logan Cyrus/AFP via Getty Images)

One of the sponsors of a controversial constitutional amendment introduced in North Carolina has withdrawn support.

State Reps. Keith Kidwell (R-Beaufort) and Ben Moss (R-Richmond) sponsored House Bill (HB) 1232, which declares that life begins at fertilization and attaches attempted murder and first-degree murder charges to any individual who destroys an embryo.
Moss announced on X this week that he is no longer co-sponsoring the proposed legislation.

“The purpose behind this legislation was to affirm the value and dignity of unborn life — not to suggest that women should face capital punishment or to create uncertainty surrounding difficult medical situations,” Moss said on May 26. “Unfortunately, portions of the bill's current language have led to significant misunderstandings and differing misinterpretations.”

Kidwell did not respond to requests for comment. North Carolina law currently has a gestational limit that allows abortion up to 12 weeks and six days of pregnancy and up to 20 weeks in cases of rape or incest.

Social media users took to commenting on the proposed amendment, which allegedly allows for deadly force to protect the unborn.

“Just round up anyone who's ever worked on labor and delivery ever,” labor and delivery nurse Jen Hamilton said in an Instagram video.
According to the North Carolina General Assembly website, Kidwell remains the primary sponsor, and the bill has been referred to the state House Rules Committee.

If approved by the legislature, the constitutional amendment would be submitted directly to North Carolina voters in the November general election.

If a majority of North Carolina residents vote in favor, the State Board of Elections will certify the results, and the amendment would officially take effect on Jan. 1, 2027.

The amendment's text states, “Any person has the right to defend his or her own life or the life of another person, even by the use of deadly force if necessary, from willful destruction by another person. The State has an interest and a duty to defend innocent persons from willful destruction of their lives and to punish those who take the lives of persons, born or unborn.”

Hamilton further interpreted HB1232 to mean that people are allowed to kill individuals who are using contraceptives that prevent the implantation of a fertilized embryo, like IUDs.

“I have an IUD, which does not prohibit fertilization, but does prohibit implantation,” Hamilton said.  “That is human life recognized by the state as an individual person entitled to the protection of laws of this state from the moment of fertilization to the moment of natural death.”