59

Although abortion is legal in the US, not everyone is allowed to perform an abortion. In Washington, the law allows a physician to terminate a pregnancy, and recognizes a woman's right to choose to have an abortion. An abortion performed by anyone else is not legal, and performing an illegal abortion is a class C felony. There are "plan B" pills which are ...


50

Does the "US national" above matter? The nationality of the person is not relevant. Like most criminal statutes, the law applies to acts within the jurisdiction of Alabama, which basically means within the state's territory. The only foreign people who would be immune from that jurisdiction would be diplomats and the like, but such people would not be ...


35

First of all, this entire discussion assumes that Alabama's law will be upheld, and Roe will be overturned. Roe is still good law, and under it the Alabama law is pretty clearly invalid. However it is possible that the US Supreme Court will overrule itself and Roe will no longer apply. The Court has overruled itself in the past, perhaps most rapidly and ...


23

In Germany, the situation is somewhat unique because (following a compromise reached in 1976 and a revision in 1995) abortion is illegal but the "offence is not considered fulfilled" if done by a physician within the first 12 weeks of the pregnancy on the request of the pregnant woman who has received counseling The case in question here violates most of ...


7

In the United Kingdom, there is an offence of child destruction, codified in the Infant Life (Preservation) Act 1929 1 Punishment for child destruction. (1) Subject as hereinafter in this subsection provided, any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an ...


7

Not much. Consider the following: The father can not force the mother to abort the pregnancy. Ex post facto agreements of non-payment are, in all likelihood, unenforceable. The father will be obligated to pay child support under the laws of the state with jurisdiction over the paternity. The abortion angle won’t work. Setting aside commentary ...


6

There is no time limit on performing a legal abortion. §2599-bb of the bill says that a physician may perform an abortion when, according to the practitioner's reasonable and good faith professional judgment based on the facts of the patient's case: the patient is within twenty-four weeks from the commencement of pregnancy, or there is an ...


4

Like a lot of Scottish criminal law, there's no specific legislation, but it is illegal through common law. This was also true in the rest of the UK until the 1800s, when statutes were passed with the aim of making abortion law clearer (generally forbidding it). This didn't extend to Scotland leaving much of its abortion law unclear. The 24 weeks limit that ...


4

This distinction was once important in English law, and other common-law systems derived from it, because common-law courts felt free to punish a Malum in Se even when there was no relevant statute, while a Malum Prohibitum would be punished only if it violated a specific statute. But today in the US, and to a large degree in the UK and other common-law ...


3

It is probably illegal in all of the jurisdictions in the US where a fetus is legally declared to be a person and where the murder statutes are written to not explicitly exclude abortion: that is, in no jurisdictions. No law existing or proposed for Georgia specifically addresses "travel for the purpose of getting an abortion". The underlying theory behind ...


3

While they didn't explicitly consider the malum distinction you ask about, the US Supreme Court in Roe vs Wade looked at the historical background to abortion law. The relevant part is section VI, which begins: It perhaps is not generally appreciated that the restrictive criminal abortion laws in effect in a majority of States today are of relatively ...


3

Is abortion still legal in all 50 states? Yes But if abortion is still legal, how could there be a case that gets appealed? By arresting someone who is involved in the allegedly illegal abortion and pressing charges. The case will be dismissed by the court of first instance as being contrary to Roe v. Wade. The State will appeal the dismissal. The ...


3

Your understanding of the bill is correct. Legislation takes effect 90 days after sine die adjournment unless there is an emergency or enactment clause. If a relevant provision of the law is struck down as unconstitutional, any suit dependent on the provision would be dismissed. Residency is not relevant, what is relevant is being subject to Arkansas ...


3

There is no higher court which can overturn a SCOTUS decision, so in theory (or, imaginarily) they can rule any way they please. The ruling could then be overturned by a later court, as happened in these cases. However, justices of the Supreme Court can be impeached (impeachment is not subject to judicial review), so the individuals responsible for such a ...


2

You are thinking of the Born-Alive Infants Protection Act of 2002 which doesn't precisely say what you suggested that it did. It says in its entirety (1 USC § 8): (a) In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “...


2

Under 18 U.S.C. § 2423, transporting a minor across state lines is a crime when done with the purpose to engage in illegal sex or child pornography: (a) Transportation with intent to engage in criminal sexual activity. --A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any ...


2

One consequence would be that rape or robbery of a pregnant woman which resulted in the death of the fetus (not the mother) would be first degree murder, since the death arises in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction Premeditated murder of ...


2

In the U.S., this would at the very least constitute a charge of adulteration or poisoning usually have a variety of names for the crime depending on the state. Federally it's a second degree assault. There have been several cases in the United States where an assailant killed the fetus of a woman who the assailant was not aware was pregnant at the time ...


1

The fallacy of methods Suppose your company builds space probes which analyze asteroids for mineral value. You are testing a space probe, and you use its engines to redirect an asteroid so it hits your ex-wife's house. There's no law against murdering people with an asteroid. The law hasn't caught up to this novel approach. So I get off scot-free. Right? ...


1

At the very least, in the UK it would be an abuse of the Offences Against the Person Act 1861, Section 23 (or 24). Section 23 reads: Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing, so as thereby to endanger the life of such person, or so ...


1

But if abortion is still legal, how could there be a case that gets appealed? This could be done by arresting someone who would be in violation of the new law if it were upheld, much as described in the answer by Dale M. If the State were to initiate a case, this would be the way. Or instead of arresting a person, the state could levy a fine, if the new law ...


1

This is going to vary by jurisdiction. Under the Wisconsin first-degree intentional homicide law, it counts as two offenses, because the law explicitly says so: (a) Except as provided in sub. (2), whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony. (b) Except as provided in sub. (...


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