(06-30-2022 04:26 PM)Hambone10 Wrote:  Tanq, while I greatly appreciate, value and agree with your response, I was hoping for a more direct answer.

The 'recess' you are speaking of is a penalty for a criminal act. The criminal act of intentionally causing an abortion, WITHOUT a threat to the life of the mother, after 20+ weeks (or whatever the statute was). Moving the statute date (in any direction) doesn't impact legally requested abortions or abortions involving the life of the mother.

Under the 2013 enactment, there was no criminal penalty for specified for the prohibition. The prohibition itself ahs no underlying requisite intent level.

So, there is an act that is prohibited, that is providing an abortion more than 20 weeks after fertilization.

There is no accompanying portion that says "anyone who intentionally, knowingly, or recklessly violates 17.022 shall be guilty of a [state jail felony, 3rd degree felony, misdemeanor] (i.e. charge level)."

Quote:I say this because someone doing that is IMO DESERVING of punishment,

I would support that.

Quote:since you would assume (again, barring them being a sociopath) that they would know how to treat the patient in an identical situation who did NOT ask for an abortion, legal or not.... because as I said, performing an abortion on a woman who didn't ask for one... before or after the 'cut-off', in 2021 (or really probably 1972) much less 2023 and absent a 'life threatening situation' MUST be a crime, right? The statute you speak of here is only regarding a crime against the state and not a crime against another person.

If someone performed an abortion (of any type) without informed consent or its equivalent would be guilty of at least aggravated assault. Maybe more.