Blog
NY Penal Law § 125.50: Self-Abortion in the Second Degree
While abortion is generally legal in New York, under certain circumstances it is a crime. An “abortional act” is defined as an action that is intended to cause a miscarriage. The abortion can be a physical illegal operation that is performed upon a pregnant woman, or it can be carried out by the taking of medication to induce a miscarriage. Four different abortion-related offenses are laid out in the New York criminal code. Two of them are related to performing an abortion on another person. The other two are related to self-abortion. In order to be charged with a crime for performing an unlawful abortion, it is not necessary that you have carried out the abortion on another person. You can also be charged with a self-abortion offense if you unlawfully perform the abortion on yourself. Under New York Penal Law § 125.50 you could be prosecuted for the crime of self-abortion in the second degree if you carry out an abortion on yourself that is not justifiable. A self-abortion is only justifiable under the following circumstances:
- If a duly licensed physician has notified you that the procedure is necessary to save your life, or
- If you are no more than 24 weeks pregnant.
Offenses that are Related
Self-abortion in the first degree: New York Penal Law § 125.55
Abortion in the second degree: New York Penal Law § 125.40
Abortion in the first degree: New York Penal Law § 125.45
Possible Defenses
In order for you to be convicted of the crime of self-abortion in the second degree, you ned to have intended to bring about a miscarriage. If you did not realize the actions you took would cause you to miscarry your baby, then you might be able to successfully defend against a charge of self-abortion in the second degree.
The Sentence
Since self-abortion in the second degree is categorized as a class B misdemeanor, if you are convicted, the judge could be sentenced to up to 90 days in jail. The judge also has the option of sentencing you to a 1 year probation term, as well as requiring you to pay a fine.