Thread by @DSiPaint

It has come to my attention that this viral TikTok video has been spreading the claim that women can be arrested for miscarriages in 38 states. This video is propagating serious misinformation that I would like to correct.

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m.tiktok.com/v/685421993091…

When claims like this were made last year about Georgia’s LIFE Act, I became suspicious & decide to read the legislation for itself. It said nothing of the sort. The fears seemed to stem from the declaration of personhood to the unborn.

Read it here: legis.ga.gov/legislation/en…

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There were still 2 glaring problems w/ the claim:

1. Hillman v. State (232 Ga. App. 741) established maternal immunity for fetal demise in 1998. In this case, Hillman attempted a self-induced abortion w/ a handgun & was charge w/ criminal abortion...

law.justia.com/cases/georgia/…

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She was found guilty in district court, but that was overturned w/ Judge Eldridge citing the third-party actor requirement in state law & common law precedent, plus explained that scrutinizing alleged abortions could lead to scrutiny over miscarriages...

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This ruling set maternal immunity precedent in the state.

2. In 2006, the legislature passed OCGA § 16-5-80(f), concerning feticide: “Nothing in this Code section shall be construed to permit the prosecution of:... (3) Any woman with respect to her unborn child.”

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I decided to see if other states had similar precedent. That bought me to State v. Ashley (701 So. 2d 338), a similar case to Hillman v. State in Florida in which the Florida Supreme Court ruled in maternal immunity.

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caselaw.findlaw.com/fl-supreme-cou…

I spent the next few months digging up histories of maternal immunity laws across the US. As it turned out, these laws were very common, particularly since those 2 court cases. They would exempt mothers from prosecution for any causes of fetal demise.

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I wrote an article for the Human Defense Initiative on this & addressed the topic in a few other articles.

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humandefense.com/examination-of…

When I later created a Patreon account to publish all my research, I included this research there. In the post (not paywalled) is a PDF file w/ laws listed for every state & hyperlinks to those laws.

patreon.com/posts/maternal…

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This summary is that only DE & NV have explicit primary laws for criminal abortion. OK & UT have secondary laws. Nearly all other states fully exempt mothers for any reasons. No states criminalize miscarriages.

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So what about cases like Bei Bei Shuai v. State (2012) & Purvi Patel v. State (2016) in IN? They both predated several laws passed in the state from 2016-2019, & criminal abortion was just 1 aspect of each.

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Sometimes odd scenarios arise that make quick headlines then fade. For instance Alabama v. Jones (presumed name of the case) involved a pregnant woman who instigated a fight & was shot w/ a handgun when the other woman defended herself...

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humandefense.com/the-legal-impl…

... Jones’s unborn child died from the gunshot wound. Based on AL law, she was charge in the crime of perpetuating a fight that killed a bystander. The grand jury indicted her, but charges were dropped when her attorney cited the state’s maternal immunity law.

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Instances may also arise in which pregnant women are forced into drug rehab. It’s a stretch to call this an “arrest,” sincd there was no crime — just a health intervention that would be the same when not pregnant or for a man.

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One may also hear about cases of “chemical endangerment” laws in which an infant is born alive but does soon afterwords from a drug overdose, due to the mother’s addition. Since this is post-birth, it’s not a miscarriage.

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There are also cases of women having miscarriages at home then hiding the fetal remains in a trash bin or along a roadside. The crime has nothing to do w/ a miscarriage. It’s a matter of “desecration of human remains.”

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Any time I’ve asked someone to back up claims of recent cases involving women prosecuted for miscarriages, the cases are always about something completely different. Prosecution for miscarriages is something that never happens, since common law protects women.

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I did say “prosecution,” & that is definitely different than simply being charged. A police officer can theoretically charge someone w/ any crime for any reason. If the prosecutor declines to pursue charges, then nothing comes of it.

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So, next time you come across a sensationalized story about a woman arrested for a miscarriage, be sure to look deeper. I can nearly guarantee the charge completely different.

There is no need to worry about this.

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Epilogue:

I was dozing off as I finished this last night. Upon re-reading I noticed typos grew as the thread progressed, & I was citing less sources, as well. If you have any questions feel free to ask.

/E1

An example of a chemical endangerment case is State v. Amanda Kimbrough (AL).

WI has drug rehab laws that include pregnant women.

CA & NY have had cases relating to the desecration of human remains.

E2/E2

CC: @prochoiceheart

CC: @WhitneySmithOH