Mississippi Criminal and Family Law BlogWhile the ethical aspect of an abortion ban is a subject of much debate, the reality is that it is now against the law in the Magnolia State. This is one of the most notable changes in our state’s legal system within recent memory, and individuals must be aware of what this means going forward. This is especially true if you are a medical professional or anyone who provides medical services to pregnant women. If you choose to ignore these new laws, you face considerable consequences. A conscientious objection to the law is not a viable defense, and the state of Mississippi will show you no mercy. In fact, they will probably attempt to make an example of you in order to send a message to other citizens. But what do you need to know about Mississippi’s new abortion law, and what kind of penalties can you expect?
When is Abortion Legal in Mississippi?
Despite the fact that abortion is now illegal in Mississippi, there are a few exceptions to this rule. First, abortions are legal if they are carried out in order to save the pregnant mother’s life. If you participate in one of these procedures, you will not face criminal consequences as long as you can prove that the abortion was truly a life-saving measure. Secondly, women can get abortions if they were raped. However, they must report the rape to the authorities before getting the abortion. You cannot simply claim that you were raped after the abortion if there is no official documentation of the crime.
There Was Only One Abortion Clinic Left in Mississippi Prior to the Ruling
It is also worth mentioning that there was only one remaining abortion clinic left in Mississippi prior to the ruling. Back in 1982, there were 13 abortion clinics. This shows that abortion clinics were already essentially eradicated from the state even before the overturning of Roe v Wade, with few medical professionals practicing this procedure in the Mangolia State.
What “Counts” as Abortion?
But what exactly counts as abortion? This is where the subject becomes highly subjective. Mississippi’s trigger law and fetal heartbeat ban apply to all forms of abortion – including certain medications that can end pregnancies without surgical procedures. The heartbeat ban makes abortions illegal as early as six weeks of gestational age – which is two to three weeks into a pregnancy. This law applies if a baby’s heartbeat can be detected.
But what about the “morning after” pill – otherwise known as “Plan B?” As of this writing, these pills are categorized as a form of contraception and not abortion. Governor Reeves has stated that he is not presently considering banning contraception in the state. In addition, there is no real system in place that prevents residents from ordering birth control or abortion medication in the mail. Police have no legal way to search your mail, creating a notable loophole in the system. However, doctors and medical organizations that ship these pills across state lines have been threatened with criminal charges.
What is the Penalty for Carrying Out an Abortion in Mississippi?
If you carry out an illegal abortion in Mississippi, you face up to 10 years in prison. This crime is considered a felony. You may also face a fine of up to $100,000. But will a pregnant mother also face charges for participating in the abortion? Again, this is an area of the law that has not really been decided yet. However, some women have been charged with crimes associated with abortion – with one mother in Texas being charged with murder. Those charges were eventually dropped.
Is Going Across State Lines for an Abortion Illegal?
No, it is not illegal to travel to a different state in order to get an abortion. Nearby states like Virginia, Florida, and North Carolina all allow abortions – although they have slightly different rules when it comes to when abortions are allowed according to the child’s gestational age.
Where Can I Find a Qualified Criminal Defense Attorney in Mississippi?
If you have been accused of breaking any abortion-related law in Mississippi, you should get in touch with a qualified, experienced criminal defense attorney as soon as possible. Book a consultation with Vic Carmody Jr., P.A., and you can strive for a positive outcome with confidence and efficiency. Your right to an attorney is one of your most important lifelines if you find yourself in this situation, and you can fight for your rights effectively with a solid defense strategy. Book your consultation today, and you can get the ball rolling with a defense plan based on your unique circumstances.