In addition to criminalizing an intentional attempt to induce a miscarriage or abortion, the bill also creates a standard that could make women legally responsible for miscarriages caused by “reckless” behavior.
Using the legal standard of “reckless behavior” all a district attorney needs to show is that a woman behaved in a manner that is thought to cause miscarriage, even if she didn’t intend to lose the pregnancy. Drink too much alcohol and have a miscarriage? Under the new law such actions could be cause for prosecution.
“This creates a law that makes any pregnant woman who has a miscarriage potentially criminally liable for murder,” says Missy Bird, executive director of Planned Parenthood Action Fund of Utah. Bird says there are no exemptions in the bill for victims of domestic violence or for those who are substance abusers. The standard is so broad, Bird says, “there nothing in the bill to exempt a woman for not wearing her seatbelt who got into a car accident.”
The scary part? A good number of Kentucky’s legislators are probably scratching their heads and wondering why they didn’t think of this first.