Fact check: False claim about criminal penalties for Alabama abortions – USA TODAY
The claim: A 12-year-old girl who gets an abortion in Alabama is thrown in prison for life
After the Supreme Court overturned Roe v. Wade in June, various states imposed regulations on abortions. In Alabama, those who administer abortions – except in cases where the mother’s life is in danger – can face jail time, according to the state’s law.
But some social media users are claiming a young girl who gets an abortion in the state would be charged with a severe penalty herself.
“In Iran if a 12-year-old girl is raped and impregnated by her father, she must carry the baby to term, or be thrown in prison for life. Wait, sorry, no. That’s Alabama,” reads an Instagram post shared Sept. 25.
The post generated over 150 likes in less than two weeks. Similar posts have spread widely on Facebook.
But the scenario in the post is not possible, criminal law experts said.
None of the statutes in Alabama criminalizing abortion impose life imprisonment on women who have received or attempted to receive an abortion. And most cases involving minors in the state are handled in juvenile court.
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USA TODAY reached out to the social media users who shared the claim for comment.
12-year-old girl won’t be jailed for life
There is no truth to the claim, John Acevedo, a criminal law expert at the University of Alabama, told USA TODAY.
First, none of the statutes criminalizing abortion in the state include the potential of life in prison for a woman getting an abortion.
The state’s felony statute governing abortion now that Roe has been overturned, House Bill 314, explicitly states that “no woman upon whom an abortion is performed or attempted to be performed shall be criminal or civilly liable.”
“The age of the woman, her reason for receiving an abortion and the manner they were impregnated are irrelevant under the current statute – no woman has (felony) criminal liability,” Acevedo said.
The state’s misdemeanor statute doesn’t have language specifically exempting a pregnant woman from prosecution, according to Amy Kimpel, director of the Criminal Defense Clinic at the University of Alabama. Case law pre-dating Roe v. Wade did interpret the misdemeanor statute as allowing for the prosecution of a woman who aided and abetted in her own abortion, Kimpel said.
But because that interpretation of the misdemeanor law hasn’t been tested yet in a prosecution since Roe was overturned, it is not guaranteed that the interpretation will be upheld in court, Acevedo said.
“It is certainly (something) a woman should be concerned about seeking an abortion in Alabama,” Acevedo said. “But it is not a foregone conclusion that she would be prosecuted and that the courts would find that she was eligible for prosecution.”
Fact check: In Alabama, sentencing varies for illegal abortion, rape
In any case, the maximum penalty under the misdemeanor statute is one year in jail, Acevedo said.
And the post cites a scenario where a 12-year-old is the mother, which makes the claim even more off base.
The prosecution of a 12-year-old girl would be handled in the juvenile delinquency system rather than in adult criminal court, Kimpel said. Juvenile delinquents are not held in prison but in youth detention facilities.
There is no life imprisonment sentence in juvenile detention. The maximum penalty for any child under the juvenile system is detention until the age of 21, according to Acevedo.
A prosecutor can ask that a case be transferred from juvenile court to adult criminal court, but Kimpel said it’s unlikely a judge would grant that request for a 12-year-old who seeks to abort a pregnancy caused by incest.
Our rating: False
Based on our research, we rate FALSE the claim that a 12-year-old girl who gets an abortion in Alabama is thrown in prison for life. None of the statutes in Alabama criminalizing abortion impose life imprisonment on a woman who has received or attempted to receive an abortion. The case of a 12-year-old girl would also be handled in juvenile court, so there is no possibility of prison time.
Our fact-check sources:
- Amy Kimpel, Sept. 30-Oct. 5, Email exchange with USA TODAY
- John Acevedo, Sept. 30, Phone interview with USA TODAY
- USA TODAY, July 27, Fact check: In Alabama, sentencing varies for illegal abortion, rape
- USA TODAY, June 24, Supreme Court overturns Roe v. Wade, eliminating constitutional right to abortion
- Factcheck.org, Jan. 10, 2020, A Misleading Take on Alabama’s Abortion Law
- Legiscan, accessed July 15, Alabama House Bill 314
- Justia US Law, accessed Oct. 6, 2021 Code of Alabama Title 13A – Criminal Code. Chapter 13 – Offenses Against the Family. Section 13A-13-7 – Inducing or Attempting to Induce Abortion, Miscarriage or Premature Delivery of Woman.
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