Girl faces Texas homicide cost after self-induced abortion

A 26-year-old lady has been charged with homicide in Texas after authorities mentioned she precipitated “the death of an individual by self-induced abortion,” in a state that has probably the most restrictive abortion legal guidelines within the U.S.

It’s unclear whether or not Lizelle Herrera is accused of getting an abortion or whether or not she helped another person get an abortion.

Herrera was arrested Thursday and remained jailed Saturday on a $500,000 bond within the Starr County jail in Rio Grande City, on the U.S.-Mexico border, sheriff’s Maj. Carlos Delgado mentioned in an announcement.

“Herrera was arrested and served with an indictment on the charge of Murder after Herrera did then and there intentionally and knowingly cause the death of an individual by self-induced abortion,” Delgado mentioned.

Delgado didn’t say below what regulation Herrera has been charged. He mentioned no different info will probably be launched till not less than Monday as a result of the case stays below investigation.

Texas regulation exempts her from a felony murder cost for aborting her personal being pregnant, University of Texas regulation professor Stephen Vladeck instructed The Associated Press.

“(Homicide) doesn’t apply to the murder of an unborn child if the conduct charged is ‘conduct committed by the mother of the unborn child,’” Vladeck mentioned.

A 2021 state regulation that bans abortions in Texas for ladies who’re as early as six weeks pregnant has sharply curtailed the variety of abortions within the state. The regulation leaves enforcement to non-public residents who can sue docs or anybody who helps a girl get an abortion.

The lady receiving the abortion is exempted from the regulation.

However, some states nonetheless have legal guidelines that criminalize self-induced abortions “and there have been a handful of prosecutions here and there over the years,” Vladeck mentioned.

“It is murder in Texas to take steps that terminate a fetus, but when a medical provider does it, it can’t be prosecuted” as a result of U.S. Supreme Court rulings upholding the constitutionality of abortion, Vladeck mentioned.

Another Texas regulation prohibits docs and clinics from prescribing abortion-inducing medicines after the seventh week of being pregnant and prohibits supply of the tablets by mail.

Medication abortions usually are not thought of self-induced below federal Food and Drug Administration rules, Vladeck mentioned.

“You can only receive the medication under medical supervision,” in keeping with Vladeck. “I realize this sounds weird because you are taking the pill yourself, but it is under a providers’ at least theoretical care.”

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