Giving abortion drugs without consent would carry federal penalties

Knowingly and intentionally giving a pregnant woman abortion drugs without informed consent would carry federal criminal penalties. The act must involve or affect trade across state or national borders. Consent must be voluntary and follow full information about the drug’s nature, purpose, risks, and possible consequences. The drug must be intended to cause an abortion. The abortion definition excludes removing a dead fetus or, after viability, producing a live birth to preserve the child’s life and health. Attempts and conspiracy would carry the same penalties. Serious bodily injury or death could bring a fine, up to 25 additional years in prison, or both.

Supplying abortion drugs without reasonable checks on the requester would count as conspiracy to commit the offense. This covers selling, shipping, mailing, or giving drugs intended to cause an abortion, including mifepristone and misoprostol. Suppliers would need reasonable steps to check that the requester is a pregnant woman who wants an abortion. The text does not specify which checks would be enough. The abortion definition excludes removing a dead fetus or, after viability, producing a live birth to preserve the child’s life and health.

A woman given abortion drugs in violation of the criminal prohibition could sue those responsible. She could sue people who administered the drugs, tried to administer them, or conspired to commit the offense. She could seek payments for proven physical and psychological injuries, damages equal to three times the cost of injuries, and extra damages to punish wrongdoing. A woman who wins would receive reasonable lawyer fees. If the defendant wins and the court finds her lawsuit frivolous, meaning without a serious basis, she would owe the defendant reasonable lawyer fees.