coloradocalifornia
why, in a locality where abortion is legal and not legally considered
murder, could be compelled or forced abortion by a third party be
considered murder?
This would not be murder Colorado law, which is a locality where abortion is legal and not considered murder (unless the pregnant woman died). Murder is only possible in Colorado once the victim of the murder is born alive.
The time frame in which prescription "abortion pills" (see the footnote below) are effective, and the time frame in which a fetus could be viable outside the womb, don't really overlap. So the possibility of this inducing a late term viable birth of a child followed promptly by its death when "abortion pills" are used in the time frame for which they can be prescribed isn't a possible fact pattern.
A variety of drugs and poisons not intended or legally authorized for use to induce legal abortions could still give rise to this fact pattern, however. This might constitute murder in circumstances where a still birth or miscarriage (i.e. the expulsion of a fetus from a formerly pregnant woman that is not born alive) is caused by drugs or poisons administered without the consent of the pregnant woman would not.
This is not a matter upon which the laws of different U.S. jurisdictions are uniform or highly similar. There is significant variation in charge associated with the offense described and some U.S. jurisdictions would classify the conduct in the question as murder.
Under California law, which applied to the incident in the article, California Penal Code §187 defines the crime of murder to include an act the caused the death of another person or a fetus, and in which a fetus is defined to be an unborn human being that has progressed beyond the embryonic stage after major structures have been outlined, which typically occurs at seven to eight weeks after fertilization.(Source).
Possible Criminal Charges Other Than Murder In Colorado
The most relevant criminal charges in the State of Colorado are:
Unlawful termination of pregnancy in the first degree. Colo. Rev. Statutes § 18-3.5-103:
(1) A person commits the offense of unlawful termination of pregnancy
in the first degree if, with the intent to terminate unlawfully the
pregnancy of a woman, the person unlawfully terminates the woman's
pregnancy.
(2) Unlawful termination of pregnancy in the first degree is a class 3
felony but is a class 2 felony if the woman dies as a result of the
unlawful termination of a pregnancy. . . .
18-3.5-101. Definitions. As used in this article, unless the context
otherwise requires: . . .
(4) "Pregnancy", for purposes of this article only and notwithstanding
any other definition or use to the contrary, means the presence of an
implanted human embryo or fetus within the uterus of a woman. . . .
(6) "Unlawful termination of pregnancy" means the termination of a
pregnancy by any means other than birth or a medical procedure,
instrument, agent, or drug, for which the consent of the pregnant
woman, or a person authorized by law to act on her behalf, has been
obtained, or for which the pregnant woman's consent is implied by law.
18-3.5-102. Exclusions.
(1) Nothing in this article shall permit the prosecution of a person
for any act of providing medical, osteopathic, surgical, mental
health, dental, nursing, optometric, healing, wellness, or
pharmaceutical care; furnishing inpatient or outpatient hospital or
clinic services; furnishing telemedicine services; or furnishing any
service related to assisted reproduction or genetic testing.
(2) Nothing in this article shall permit the prosecution of a woman
for any act or any failure to act with regard to her own pregnancy.
Lesser included charges would be:
Unlawful termination of pregnancy in the second degree. Colo. Rev. Statutes § 18-3.5-104:
(1) A person commits the offense of unlawful termination of pregnancy
in the second degree if the person knowingly causes the unlawful
termination of the pregnancy of a woman.
(2) (a) . . . unlawful termination of pregnancy in the second degree
is a class 4 felony.
Unlawful termination of pregnancy in the fourth degree. Colo. Rev. Statutes § 18-3.5-106:
(1) A person commits the offense of unlawful termination of pregnancy
in the fourth degree if the person recklessly causes the unlawful
termination of the pregnancy of a woman at such time as the person
knew or reasonably should have known that the woman was pregnant.
(2) (a) Unlawful termination of pregnancy in the fourth degree is a
class 6 felony.
Assault in the second degree, Colo. Rev. Statutes § 18-3-203(1)(e) (edited to exclude language regarding heat of passion assaults):
For a purpose other than lawful medical or therapeutic treatment, he
intentionally causes stupor, unconsciousness, or other physical or
mental impairment or injury to another person by administering to him,
without his consent, a drug, substance, or preparation capable of
producing the intended harm;
(2)(b) . . . assault in the second degree . . . is a class 4 felony.
(b.5) Assault in the second degree by any person under subsection (1)
of this section . . . is a class 3 felony if the person who is
assaulted, other than a participant in the crime, suffered serious
bodily injury during the commission or attempted commission of or
flight from the commission or attempted commission of murder, robbery,
arson, burglary, escape, kidnapping in the first degree, sexual
assault, sexual assault in the first or second degree as such offenses
existed prior to July 1, 2000, or class 3 felony sexual assault on a
child.
Reckless endangerment, Colo. Rev. Statutes § 18-3-208:
A person who recklessly engages in conduct which creates a substantial
risk of serious bodily injury to another person commits reckless
endangerment, which is a class 3 misdemeanor.
In the circumstances of the article, but not the hypothetical of the question:
Criminal extortion - aggravated extortion. Colo. Rev. Statutes § 18-3-207:
(1) A person commits criminal extortion if:
(a) The person, without legal authority and with the intent to induce
another person against that other person's will to perform an act or
to refrain from performing a lawful act, makes a substantial threat to
confine or restrain, cause economic hardship or bodily injury to, or
damage the property or reputation of, the threatened person or another
person; and
(b) The person threatens to cause the results described in paragraph
(a) of this subsection (1) by:
(I) Performing or causing an unlawful act to be performed; or
(II) Invoking action by a third party, including, but not limited to,
the state or any of its political subdivisions, whose interests are
not substantially related to the interests pursued by the person
making the threat.
(2) A person commits aggravated criminal extortion if, in addition to
the acts described in subsection (1) of this section, the person
threatens to cause the results described in paragraph (a) of
subsection (1) of this section by means of chemical, biological, or
harmful radioactive agents, weapons, or poison.
(3) For the purposes of this section, "substantial threat" means a
threat that is reasonably likely to induce a belief that the threat
will be carried out and is one that threatens that significant
confinement, restraint, injury, or damage will occur.
(4) Criminal extortion, as described in subsections (1) . . . of this
section, is a class 4 felony. Aggravated criminal extortion, as
described in subsection (2) of this section, is a class 3 felony.
If the pregnant woman died (when the partner did not intend to cause her death and did not know it would cause her death), the partner could also be charged with:
Manslaughter. Colo. Rev. Statutes § 18-3-104:
(1) A person commits the crime of manslaughter if:
(a) Such person recklessly causes the death of another person; . . .
(2) Manslaughter is a class 4 felony.
But unlawful termination of pregnancy in the first degree causing the death of the pregnant woman would be the more serious offense, although if the drug caused the death of the pregnant woman but the attempt to terminate the pregnancy failed and the pregnant woman gave birth to a living child, manslaughter and attempted termination of pregnancy in the first degree (which is a class 4 felony) would be the most serious charges available (but might result in consecutive terms rather than concurrent ones, the issue is an open question in Colorado law).
All of the relevant criminal charges are codified here.
Conceivably, a federal statute, such as a controlled substances act violation or a regulatory crime associated with violation of FDA prescription drug regulations could also apply. But conduct like the conduct described in the question and article it links are predominantly prosecuted under state law except in places where the federal government has exclusive jurisdiction (e.g. the territorial and maritime jurisdiction of the United States, and court-martial offenses under military law by people subject to it).
Civil Lawsuits
A civil lawsuit for "assault and battery", and probably also for "outrageous conduct" a.k.a. "intentional infliction of emotional distress" would also be recognized in Colorado law. Non-economic damages, medical expenses, and exemplary (i.e. punitive) damages would be the main damages in these cases.
If the pregnant woman died, in Colorado, a civil action belonging to her next of kin (not her probate estate) could be brought for "wrongful death", but the civil lawsuits for assault and battery and for outrageous conduct would not survive her death. These damages could include non-economic damages, economic damages to the next of kin, and exemplary (i.e. punitive) damages.
The civil lawsuit consequences of these actions would be much more similar across U.S. states than the criminal law consequences, although post-Dobbs (the 2022 U.S. Supreme Court decision overruling Roe v. Wade) this is less true.
Footnote Re "Abortion Pills"
"Plan B" which can be purchased without a prescription from a doctor (sometimes a pharmacist prescription has been required) and is commonly called "emergency contraception" (it is a high dose birth control bill in essence) is not commonly called an "abortion pill". It is impossible for all practical purposes to confirm that one is pregnant in the time frame that Plan B takes effect (within a day or two of unprotected sexual intercourse).
Involuntary administration of Plan B would not constitute murder under California law due to its definition of "fetus" for purposes of its murder statute, although it would still be a lesser crime under California or Colorado law.
“Abortion pill” is the common name for using two different medicines (together) to end a pregnancy: mifepristone and misoprostol. This is a prescription drug that must be prescribed by a non-pharmacist medical professional with prescribing authority in the U.S.
