Idaho's new law will punish anyone helping a minor access an out-of-state abortion with up to 5 years in prison
“If young people are unable to travel for care, they are forced to either self-manage an abortion and take on the potential legal risks, or carry an unwanted pregnancy to term along with the serious consequences that can have for their health and well-being,” says Megan Darby, Director of State Policy at the Guttmacher Institute, a research and policy organization.
The criminal ban does say that adults who help pregnant minors access abortions with the consent of parents/legal guardians have an affirmative defense. That means that if a defendant presents evidence that a minor’s parent or guardian agreed the child could travel out-of-state for an abortion, they do not have criminal liability.
The passage of the law does not mean it’s necessarily popular with Idahoans. In a poll commissioned by Planned Parenthood Votes Northwest and Hawaii but conducted by public opinion firm Lake Research Partners, nearlyreported being pro-choice, with 24% saying they think abortion should be generally available and only subject to “limited regulation.”
In terms of implementation, experts tell TIME, prosecutors would have to have substantial evidence that someone crossed state lines to access care. Because Idaho is between Washington and Oregon, where legislators are already working to enact shield protection laws, there is likely to be a conflict of state laws.
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