New Laws - Coerced criminal abortion by means of fraud and Unauthorized use of sperm, ovum, or embryo
The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.
The legislature enacted Louisiana Revised Statutes 14:87.6.1 - Coerced criminal abortion by means of fraud:
Coerced criminal abortion by means of fraud is committed when a person knowingly and intentionally engages in the use of an abortion-inducing drug on a pregnant woman, without her knowledge or consent, with the intent to cause an abortion.
La. R.S. 14:87.6.1(A). The penalty for violating this statute is a fine not less than $10,000 nor more than $75,000 and imprisonment at hard labor for not less than 5 years nor more than 10 years. La. R.S. 14:87.6.1(B)(1). When the unborn child is more than 3 months of gestational age, the term of imprisonment shall be not less than 10 years nor more than 20 years, and a fine of not less than $50,000 nor more than $100,000. La. R.S. 14:87.6.1(B)(2).
As part of this large addition to the criminal code, the Louisiana legislature has added Mifepristone and misoprostol to Schedule IV, which prohibits its possession by individuals in the State of Louisiana. La. R.S. 40:964(F). An exception is established in La. R.S. 40:969(C)(2) “for a pregnant woman to possess mifepristone or misoprostol for her own consumption.”
The legislature made a positive change to the Unauthorized use of sperm, ovum, or embryo statute, doing away with the requirement that the deceased spouse have signed a consent form authorizing the use of their previously donated sperm, ovum, or embryo by their surviving spouse, prior to the deceased spouse’s death. This change makes it easier for the surviving spouse to use previously donated sperm, ovum, or embryos to conceive after the death of their spouse.
Should you or someone you know be facing criminal charges, please call us at (318) 459-9111 to schedule a consult.