NY Penal Law § 125.55: Self-Abortion in the First Degree
An abortion or abortional act is defined as carrying out 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. If a woman carries out an abortion on herself, that act is considered to be a self-abortion. Although abortion, in general, is legal in New York, there are some circumstances under which performing an abortion is a criminal offense.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. In the event that you unlawfully perform the abortion on yourself, you will face a self-abortion charge. You could be prosecuted for self-abortion in the first degree under New York Penal Law § 125.55 if you perform an abortion on yourself and you are more than 24 weeks pregnant.
Example
Golda is single, unemployed and 25 weeks pregnant. The father of her child has refused to see her and has informed her that he would have nothing to do with the baby. Golda wanted to get rid of the baby, but did not have the money to pay for it or anyone to go with her. Desperate, she made a choice to perform the abortion on herself. She unfolded a wire coat hanger and inserted it inside herself to try to force a miscarriage. After she poked herself a number of times, she started to bleed profusely. She panicked and called 911. Golda’s baby did not make it through the ordeal. Golda could be charged with the crime of self-abortion in the first degree, because she was more than 24 weeks pregnant when she forced her own miscarriage.
Offenses that are Related
Self-abortion in the second degree: New York Penal Law § 125.50
Abortion in the second degree: New York Penal Law § 125.40
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(212) 300-5196Abortion in the first degree: New York Penal Law § 125.45
Possible Defenses
For you to be convicted of self-abortion in the first degree, you must have had the intent to cause yourself to miscarry. If you can demonstrate that even though the actions you took resulted in you miscarrying, you actually had no intention to bring about your own miscarriage, then you may be able to successfully defend against a charge of self-abortion in the first degree.
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A woman in New York discovered she was pregnant and, feeling desperate and unable to access a clinic, obtained medication online to terminate the pregnancy herself at 26 weeks. After experiencing serious complications that required emergency medical treatment, she learned that hospital staff reported the incident to law enforcement.
Can I really be charged with a felony for performing an abortion on myself in New York?
Under NY Penal Law § 125.55, self-abortion in the first degree is classified as a Class A misdemeanor when a woman is more than twenty-four weeks pregnant and commits or submits to an abortional act that results in her own miscarriage. However, if the act leads to your death or serious medical injury, other parties who assisted or provided the medication could face more severe charges. It is critical to understand that this statute applies specifically when the pregnancy has passed the twenty-four week threshold, as acts before that point fall under different provisions. You should retain a criminal defense attorney immediately, as there may be viable defenses based on the circumstances of how the medication was obtained and whether the gestational timeline can be conclusively established.
This is general information only. Contact us for advice specific to your situation.
The Sentence
Since abortion in the first degree is categorized as a class A misdemeanor, if you are convicted, he judge could be sentence you to up to a year in the county jail. It is also possible that the judge might sentence you to a probation term of 3 years.
