Miscarriage to be considered criminal homicide in Utah?

[TwistedGibbous]

February 24, 2010

Utah just became the first state in the U.S. to criminalize miscarriage and punish women for having or seeking an illegal abortion. Utah's "Criminal Miscarriage" law:

* expands the definition of illegal abortion to include miscarriages
* removes immunity protections for women who have or seek illegal abortions
* treats women as presumptive criminals and leaves them open to criminal prosecution

This law:

* defines legal abortion as a procedure "carried out by a physician or through a substance used under the direction of a physician." Anything else that terminates a pregnancy is now defined as illegal abortion - including miscarriages.

* states that "The killing or attempted killing of a live unborn child in a manner that is not abortion shall be punished as...criminal homicide." (emphasis mine)

* removes existing immunity from criminal prosecution for women "who seek to have or obtain an abortion" or "upon whom a partial birth abortion is performed."

* applies the legal standard of an "intentional, knowing or reckless act of the woman" as punishable as criminal homicide.

Translation: If a woman has a miscarriage but didn't know that she was pregnant, she cannot be charged with criminal homicide. So while this law does not criminalize all miscarriages, anything that could be defined as "knowing" or "reckless" would leave a woman at risk for criminal prosecution.

Source: http://www.amplifyyourvoice.org/u/AFY_Will/2010/2/24/In-Utah-Miscarriage--Criminal-Homicide

Vetoed by the governor of Utah, March 8, 2010, but still in the revision process to include "scaled down"definitions

The proposed bill can be read here: http://le.utah.gov/~2010/htmdoc/hbillhtm/HB0012.htm

 

[Hildegarda]

I believe this is already being carried on SOTT. What an insane world.

 

[TwistedGibbous]

My apologies then for the repeat information. It is incredible, though, to see the erosion of rights, especially for such an uncontrollable circumstance.

 

[Hildegarda]

oh no, please don't apologize. Your information adds to the discussion by pointing out the explanation and the link to the actual proposal.

 

[Juba]

What about right of the woman?
What with rape kind of pregnancies?
What with defective pregnancies or when pregnancies are threating mother's life?


This is insane, totalitarian lows for totalitarian states, this will only increase unprofessional and dangerous practices.