Latest victory: TX abortionists could face death penalty for illegal abortions
Wacotrib.com reports:
Doctors who perform illegal abortions in Texas could be prosecuted for capital murder and face a death sentence under recent changes in Texas law that have resulted in apparent unintended consequences….
[A] bill signed into law by Gov. Rick Perry in June at a Fort Worth church school… requires parental consent before minors can have abortions and places additional restrictions on late-term abortions.
In relation to those changes… the Legislature two years ago altered the definition of an individual in homicide statutes from “a human being who has been born and is alive” to “a human being who is alive, including an unborn child at every stage of gestation, from fertilization until birth.”
There was debate when the definition of individual was changed about whether the effect would make abortion the equivalent of murder. So lawmakers took particular care to write into the homicide statute that a lawful medical procedure performed with consent by a physician or other licensed health-care provider, if the death of the unborn child was the intended result, is an abortion. That provided a lawful defense or exception to homicide laws.
Continuing to connect the statutory dots, however, [Lindsey] Roberts, [director of training for the Texas District and County Attorneys Association], told local prosecutors that there is no such defense provided for a doctor who performs an unlawful medical procedure, such as an abortion on a minor without parental consent.
So, in effect, the doctor would have killed a child younger than 6 in an illegal abortion and thereby subjected himself or herself to potential prosecution for capital murder, Roberts told the dumbfounded audience….
Hat tip: Reader Andrew



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