Shortly after the U.S. Supreme Court overturned Roe v. Wade last week, Alabama’s abortion ban went into effect — a law only authorizing an abortion to be performed when the health of the mother is in danger and criminalizing the act in all other cases.
But what if you help an Alabamian travel to another state where abortion is legal?
The state’s top law enforcement official is still weighing the legality of such a case.
“We are reviewing the matter and have no comment at this time,” a spokesman for Alabama Attorney General Steve Marshall told AL.com Wednesday.
While Marshall’s office is determining whether those who facilitate out-of-state travel for an Alabamian who gets an abortion where the practice is legal, there are dueling interpretations on that scenario.
Last week, state Rep. Chris England, D-Huntsville, who doubles as the chairman of the Alabama Democratic Party, tweeted a section of Alabama law separate from the abortion ban to argue “helping someone either get or even plan to get an abortion in another state is a felony.”
England was referring to Section 13A-4-4 of the Alabama Code governing “conspiracy formed in this state to commit crime elsewhere indictable here.”
“A conspiracy formed in this state to do an act beyond the state, which, if done in this state, would be a criminal offense, is indictable and punishable in this state in all respects if such conspiracy had been to do such act in this state,” the section reads.
But Jefferson County Civil Court Judge David Carpenter said since Alabama law only criminalizes abortion for the person performing an abortion, such as a doctor, and not the woman getting the abortion, anyone who helps the woman could not be charged with conspiracy
“The woman/patient can’t be charged. So if I agree to drive a woman to Illinois we can’t be charged with conspiracy since we could not be charged with performing an abortion in Ala.,” Carpenter tweeted.
“So someone that aids and abets or participates in a conspiracy to facilitate the performance of an abortion or an attempt can’t be charged with conspiracy?” England responded. “Also, there is no ‘we’ in that scenario. For now, the woman can’t be charged but the person that aids and abets can.”
“A person can’t be charged with aiding and abetting a crime they can’t directly commit,” Carpenter said.
England responded that Alabama’s abortion ban, formally known as the Human Life Protection Act, not only criminalizes the performance of an abortion as a Class A felony but it also criminalizes the attempt as a class c. Also, the HLPA says it shall be unlawful for ANY person to intentionally perform or attempt to perform an abortion. Not just limited to doctors.”
But Carpenter said there still is not a conspiracy “since that requires an agreement between two or more people to commit a crime. The woman/patient isn’t committing a crime.”
