Utah Bill Criminalizes Miscarriage

Seriously Utah? Again? A bill passed by the House and Senate in Utah this week could make it a crime to have a miscarriage, with penalties up to life in prison. RH Reality Check reports:

The bill passed by legislators amends Utah's criminal statute to allow the state to charge a woman with criminal homicide for inducing a miscarriage or obtaining an illegal abortion. The basis for the law was a recent case in which a 17-year-old girl, who was seven months pregnant, paid a man $150 to beat her in an attempt to cause a miscarriage. Although the girl gave birth to a baby later given up for adoption, she was initially charged with attempted murder. However the charges were dropped because, at the time, under Utah state law a woman could not be prosecuted for attempting to arrange an abortion, lawful or unlawful.

The bill passed by the Utah legislature would change that. While the bill does not affect legally obtained abortions, it criminalizes any actions taken by women to induce a miscarriage or abortion outside of a doctor's care, with penalties including up to life in prison.

Lynn Paltrow of National Advocates for Pregnant Women tells RH that while other states have feticide laws specified to prosecute third-party attackers, directing it at the woman will have severe repercussions. It could create cases where women are prosecuted for having an unintentional miscarriage if there is any indication of "reckless behavior," like drink alcohol and miscarry, or do any number of other things that could be deemed "reckless."

"This statute and the standards chosen leave a large number of pregnant women vulnerable to arrest even though they have no intention of ending a pregnancy," Paltrow said. "Whether or not the legislature intended this bill to become a tool for policing and punishing all pregnant women, if enacted this law would permit prosecution of a pregnant woman who stayed with her abusive husband because she was unable to leave. Not leaving would, under the 'reckless' standard, constitute conduct that consciously disregarded a substantial risk," Paltrow explained.