What is the upshot? Can I Get Punished for an Abortion?

Can I Get Punished for an Abortion?

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Decriminalized Abortion

  • Performing or procuring an abortion outside legal parameters is considered a criminal offense.
  • Penalties may be directed toward the doctor, the woman, or a third party aiding in the abortion.
  • 25% of the global population lives in countries where abortion is penalized if performed outside legal parameters.

This page provides specific information on the penalties for illegal abortions in your region and toward whom the punitive action is directed.

⚖️ Wondering whether to have an abortion or not? Take the Abortion Test!

Is Abortion Illegal?

Abortion outside of the legal parameters is considered a crime in many countries, punishable by fines, removal of licensure, or imprisonment. The woman procuring the abortion, the abortion provider, and anyone providing support (by supplying funds, transportation, or equipment) may incriminate themselves through the act.

Many governments penalize self-induced abortions, even if completed within the legal time frame for a termination.

While abortion is regulated in all Western nations, laws are not always enforced.

Decriminalizing abortion means not punishing the act of abortion, regardless of its legal status.

The following list shows whether abortion is penalized in your area.

  • Maximum prison times for abortion providers and anyone abetting* an illegal abortion in the United States:

    Alabama1 year. $1,000
    Arizona5 years, specific ban on self-managed abortions
    Arkansas10 years, prosecution of self-managed abortion
    Californianone
    DelawareSpecific ban on self-managed abortion
    Florida5 years or $5,000 and 5 years probation for performing or participating in an illegal abortion.
    Georgia10 years
    Iowaother penalties
    Idaho 5 years, specific ban on self-managed abortions
    Indiana Prosecution of self-managed abortion
    Kentucky5 years, prosecution of self-managed abortion
    Louisiana10 years
    MassachusettsProsecution of self-managed abortion
    Michigan15 years
    Missouri15 years
    Mississippi10 years
    NevadaSpecific ban on self-managed abortions
    New YorkSpecific ban on self-managed abortions
    North Carolina3 years, specific ban on self-managed abortions
    North Dakota5 years
    Ohio9 to 36 months and $10,000 fine
    Oklahoma5 years, specific ban on self-managed abortions
    PennsylvaniaProsecution of self-managed abortion
    South Carolina2 years, specific laws against illegally acquiring the abortion pill.
    South Dakota2 years
    Tennessee 15 years, prosecution of self-managed abortion
    Texaslife and $10,000, prosecution of self-managed abortion
    Utah15 years, prosecution of self-managed abortion
    Wisconsin15 years
    Wyoming14 years

    * A person aiding in abortion by providing finances, travel assistance, or abortion instruments can be sued in these states. This often includes companies providing abortion assistance to their employees.

    Recent US cases of women prosecuted for illegal abortions: Between 2006 and 2020, 1254 women faced arrests or interventions for illegal abortions in the US, e.g., California 2021, one year in prison, Tennessee 2017, 13 months in prison.

  • Maximum prison times for abortion providers, pregnant women, and anyone abetting an abortion in GB and Ireland:

    Great Britain
    • Woman: up to life prison sentence (1868 Offences Against the Person Act, Attempts to Procure Abortion, Section 58)
      Recent case: June 2023 — Two years in prison
    • Abortion provider: up to life prison sentence (Offences Against the Person Act, Section 58)
    Northern Ireland
    • None for the woman
    • Abortion provider or anyone aiding in the abortion: up to level 5 fine (Abortion Regulations 2020 No. 345 Part 6 Reg. 11)
    Republic of Ireland
    • Woman: none
    • Abortion provider: fines or imprisonment up to 14 years (Regulation of Termination of Pregnancy Act 2018-23/5)
    • Person aiding in abortion: fined or imprisonment for up to 14 years (Act 2018-23/5)
  • Maximum prison times for abortion providers, pregnant women, and anyone abetting an abortion in Australia:

    Australian Capital Territory

    None

    New South Wales

    None

    Northern Territory

    None

    Queensland
    • Woman: up to 7 years in prison (criminal code S225)
    • Abortion provider: up to 14 years in prison (criminal code S224)
    • Person aiding in abortion: 3 years in prison (criminal code S226)
    South Australia None
    Tasmania None
    Victoria None
    Western Australia
    • Woman: none
    • Abortion provider: Up to $50,000 (Health Act 1911, sections 334 and 335)
    • Non-medical practitioner performing abortion: up to 5 years in prison (criminal code S199)
  • Maximum prison times for abortion providers, pregnant women, and anyone abetting an abortion in Canada, New Zealand, and South Africa:

    Canada

    None

    New Zealand
    • Woman: none
    • Non-medical practitioner performing abortions or aiding in abortions: up to 5 years in prison (Crimes Act 183 and 186)
    South Africa

    No known cases.

  • Maximum prison times for abortion providers, pregnant women, and anyone abetting an abortion in Germany, Austria, Switzerland, the Netherlands, Italy, Portugal, Mexico, Cambodia and Thailand found below. Click here for an overview of abortion regulations in each European country.

    Germany

    See our German page.

    Austria

    See our Austrian page.

    Switzerland

    See our Swiss page.

    The Netherlands

    • Woman: Up to 3 years in prison (Criminal Code 82a)
    • Abortion provider: up to 3 years in prison (Criminal Code 82a)

    Italy

    See our Italian page.

    Portugal

    See our Portuguese page.

    Mexico None
    Cambodia
    • Woman: None
    • Abortion provider:
      • Five years in prison if a doctor injures a woman in illegal abortion
      • Ten years in prison if the woman dies during an illegal abortion
    Thailand
    • Woman: Up to 6 months imprisonment and monetary fines of up to TBH 10,000
    • Abortion provider: Up to 5 years in prison and TBH 100,000, unless the abortion was for the mother’s health.

For more in-depth information, check out the following:

Where Do I Go from Here?

Perhaps you find yourself at a crossroads right now. Your questions probably go beyond legalities. You might be wondering whether to have an abortion or not.

No one can make this decision for you because your life will be significantly impacted, no matter how you choose.

As you consider which path to take, feel free to use our judgment-free resources. We aim to support you in discerning a way forward according to your values and convictions.

Take one of our free quizzes:
📝What are your pros and cons? Take the Abortion Pros & Cons Test!
🚪 At-Home Abortion — Is it for me?
🛤 Could an abortion affect me long term?

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Disclaimer: Due to the constantly shifting political landscape, abortion laws are subject to frequent changes. While we at Profemina aim to provide you with up-to-date information, we cannot guarantee the veracity of the data provided in this article.

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