Missouri Abortion Law: Jail Time For Women?

Missouri's abortion ban came into effect after Roe v. Wade was overturned in 2022. The state's trigger law bans all non-medically necessary abortions, with the only exception being a medical emergency that threatens the pregnant person's life. While the law does not criminalize someone for getting an abortion, it is unclear whether women who self-induce an abortion could be prosecuted. The law classifies the act of inducing an abortion as a Class B felony, carrying a sentence of 5 to 15 years in prison. However, the law explicitly states that a “woman upon whom an abortion is performed or induced” will not be prosecuted.

Women who self-manage abortions may face jail time

Missouri's abortion law is unclear about whether women who self-manage their abortions can be charged with a crime. The law states that a "woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate the provisions of this subsection". However, it is not explicit about whether a woman can be charged for performing an abortion on herself.

Some lawyers argue that women could be charged under the law. Lowell Pearson, a managing partner at Husch Blackwell, said, "there are circumstances in which it is at least possible that a woman could be charged with a felony". He added that "if a woman takes some sort of drug or does some other activity to herself, she would be potentially within that provision".

On the other hand, supporters of the bill, such as Rep. Mary Elizabeth Coleman, argue that the law only applies to doctors or nurse practitioners who perform the procedure. She said, "it's clear that there's no penalties except for those who cause an abortion to be induced or performed".

The ambiguity in the law has raised concerns that women who self-manage their abortions could be prosecuted. Rep. Gina Mitten, an attorney, said, "if I go to Illinois, get my pills, and then take my pills in Missouri, I think I could be prosecuted under this—not for conspiracy but for inducing an abortion".

The Missouri abortion law, known as the Right to Life of the Unborn Child Act, bans abortions after eight weeks of pregnancy. The only exception is for medical emergencies that threaten the life of the pregnant person or create a serious risk of substantial and irreversible physical impairment. The law was triggered into effect by Attorney General Eric Schmitt following the U.S. Supreme Court's decision to overturn Roe v. Wade in June 2022.

The law makes it a class B felony to induce an abortion, with prison sentences ranging from five to 15 years. However, the law specifies that only the person who provides the abortion can be prosecuted, not the woman upon whom the abortion is performed. Nonetheless, the lack of clarity in the law regarding self-managed abortions has caused uncertainty and concern among women's rights advocates.

Women who have miscarriages could be accused of having an abortion

Missouri's abortion laws have sparked concerns that women who experience miscarriages could be accused of having an abortion and face criminal charges. While the state's trigger law, which bans abortions, stipulates that women who have an abortion "shall not be prosecuted for a conspiracy", legal experts argue that this does not preclude other potential charges. The law's definition of abortion and pregnancy could potentially expose women who use certain forms of contraception or experience pregnancy loss to prosecution.

The ambiguity in the law has raised fears that women who suffer miscarriages could be accused of inducing their own abortions. Lowell Pearson, a managing partner at Husch Blackwell, affirmed that "there are circumstances in which it is at least possible that a woman could be charged with a felony". This concern is shared by other legal professionals, who worry that women could face felony charges for taking drugs to induce abortions or experiencing pregnancy loss.

Adding to the complexity, the law does not explicitly prohibit charging women who undergo abortions. While supporters of the law argue that it only applies to those who perform or induce abortions on others, critics point out that the word "induce" could be interpreted to include women who induce abortions on themselves. This ambiguity has led to fears that women could face prosecution in conservative counties, where local prosecutors may be more inclined to pursue such charges.

The potential for criminal charges related to pregnancy loss is not just a hypothetical concern. In the year following the Supreme Court's decision to overturn Roe v. Wade, over 200 pregnant women across the United States faced criminal charges related to their conduct during pregnancy, with the majority of charges alleging substance use. While most of these cases did not involve state abortion laws, prosecutors relied on the concept of "fetal personhood" to interpret the definition of "child" to include a fetus, leading to charges such as child neglect or endangerment.

The situation in Missouri highlights the complex and evolving nature of abortion laws and the potential for unintended consequences. While the state's trigger law was intended to ban abortions, the vague and open-ended language has raised concerns about its potential impact on women's reproductive rights and freedom.

Women who take abortion pills in Missouri, but obtain them in another state, may be prosecuted

Missouri's abortion law bans almost all abortions in the state. The law makes no exception for rape or incest. Its only exceptions are for medical emergencies that threaten the life of the pregnant person or create a serious risk of substantial and irreversible physical impairment.

The law makes it a class B felony to induce an abortion, with prison sentences of five to 15 years. However, the law only applies to abortion providers, and women who obtain abortions cannot be charged.

There is ambiguity regarding self-induced medication abortions. St. Louis University law professor Marcia McCormick stated that "if a woman, for example, induced an abortion herself by taking an abortion-inducing drug, it's not clear under the statute that she couldn't be prosecuted." Lowell Pearson, a managing partner at Husch Blackwell, shared a similar opinion, stating that "there are circumstances in which it is at least possible that a woman could be charged with a felony."

Representative Gina Mitten, a Democrat from Richmond Heights, provided a specific scenario where a woman could be prosecuted: "If I live in Sikeston (Missouri) and I go to Illinois, get my pills, and then take my pills in Missouri, I think I could be prosecuted under this—not for conspiracy but for inducing an abortion."

On the other hand, Representative Mary Elizabeth Coleman, a Republican from Arnold who helped draft the bill, disagreed, stating that "it's clear that there's no penalties except for those who cause an abortion to be induced or performed." She added that the bill explicitly states that "a woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate the provisions of this subsection."

The ambiguity in the law has caused concern among abortion rights activists, who worry that women who take abortion pills in Missouri, even if they obtained them in another state, may be at risk of prosecution due to the vague language surrounding self-induced abortions.

Women who undergo abortions may be charged with a Class B felony

Missouri's abortion law, also known as the "Right to Life of the Unborn Child Act", has sparked debates about whether women who undergo abortions could be charged with a Class B felony. The law bans abortions after eight weeks of pregnancy and was triggered by Attorney General Eric Schmitt following the overturning of Roe v. Wade. While the law explicitly states that a woman "upon whom an abortion is performed or induced" will not be prosecuted for conspiracy, there are differing interpretations of whether this exemption covers self-induced abortions.

Some argue that the law's use of the phrase "performed or induced upon a woman" implies that a woman cannot be charged for undergoing an abortion, regardless of whether she self-administers abortion-inducing drugs. However, others contend that the law's wording is ambiguous and does not explicitly prohibit charges against women who self-induce abortions. Lowell Pearson, a managing partner at Husch Blackwell, opined that there are circumstances where a woman could be charged with a Class B felony for performing or inducing her own abortion.

The law defines a Class B felony as carrying a sentence of five to fifteen years in prison. It is important to note that abortion providers who perform or induce abortions can be charged with a Class B felony and face suspension or revocation of their professional licenses.

While the law does not make exceptions for rape or incest, it allows abortions in cases of medical emergencies that threaten the life of the pregnant person or pose a serious risk of substantial and irreversible physical impairment.

Women who have abortions may face conspiracy charges

Missouri's abortion law, which came into effect after the overturning of Roe v. Wade, bans all abortions except in cases of medical emergency. The law states that a woman "upon whom an abortion is performed or induced" will not be prosecuted. However, there is ambiguity around whether women who self-manage their abortions could be charged with conspiracy.

The law states that a woman who has an abortion "shall not be prosecuted for a conspiracy to violate the provisions of this subsection". However, this exemption for conspiracy charges would not cover a woman who completes an abortion herself. This loophole has led to concerns that women who undergo abortions, particularly self-managed abortions, could be charged with a Class B felony, which carries a sentence of between five and 15 years in prison.

While proponents of the bill argue that it only applies to doctors or nurse practitioners who perform the procedure, the ambiguity of the word "induce" in the law has led to concerns that women could be charged. The law states: "Any person who knowingly performs or induces an abortion of an unborn child in violation of this subsection shall be guilty of a class B felony". The interpretation of "induce" could potentially include a woman taking medication to induce an abortion herself.

The potential for prosecution under the law is a concern for women's rights advocates, who worry that women who undergo abortions could face criminal charges and jail time. This ambiguity in the law highlights the complex and contentious nature of abortion legislation and the need for clear and explicit protections for women's reproductive rights.

While the intent of the law may not have been to prosecute women who have abortions, the lack of a clear exemption has left room for interpretation and potential charges. This situation underscores the importance of careful legislative drafting, especially when dealing with sensitive and divisive issues such as abortion.

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