In a move that further tightens the already stringent abortion laws in Tennessee, a new legislation has been enacted that could impose civil and criminal penalties on adults who assist minors in obtaining abortions.
This law, dubbed the "abortion trafficking" law, applies even if the minor is transported to another state where abortion is legal. The only exception to this rule is for parents aiding their minor children.
Tennessee is known for its rigorous abortion restrictions, banning the procedure at nearly all stages of pregnancy with very few exceptions. The state effectively halted almost all abortion services in August 2022, following the U.S. Supreme Court's overturning of Roe v. Wade. Tennessee is one of 14 states to have taken such a drastic step.
The new legislation was signed into law on Tuesday amidst an ongoing separate legal battle against the state's abortion bans. This lawsuit, filed by seven women and two doctors, is currently under review by a three-judge panel that will determine its future. The panel heard arguments last month, but a decision on whether to allow the lawsuit to proceed is still pending.
The new law criminalizes the "abortion trafficking of a minor." This includes recruiting, harboring, or transporting a pregnant minor within the state to facilitate them in obtaining an illegal abortion without parental knowledge; assisting the minor in getting an abortion, irrespective of the location; or procuring the abortion pill for the minor with the intent of terminating their pregnancy.
Violators of this law could face severe consequences. The crime is classified as a Class C felony, punishable by three to 15 years in prison and a fine of up to $10,000. The law stipulates that a person charged under this law cannot argue in court that the pregnant minor consented to the abortion.
Furthermore, the law allows for civil action against anyone who violates it for the "wrongful death of an unborn child that was aborted." The civil suit can be initiated by the biological parents of the unborn child, barring cases of rape, or the parent or legal guardian of the minor whose pregnancy was terminated. The plaintiff can seek economic damages, noneconomic damages, punitive damages, and reasonable attorneys fees and court costs.
Tennessee Gov. Bill Lee signed the bill into law on Tuesday, but it will not take effect until July 1. The "abortion trafficking" bill is likely to face further legal challenges in the future.
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