A 26-year-old lady has been charged with homicide in Texas after authorities stated she prompted “the death of an individual by self-induced abortion,” in a state that has probably the most restrictive abortion legal guidelines within the U.S.
It’s unclear whether or not Lizelle Herrera is accused of getting an abortion or whether or not she helped another person get an abortion.
Herrera was arrested Thursday and remained jailed Saturday on a $500,000 bond within the Starr County jail in Rio Grande City, on the U.S.-Mexico border, sheriff’s Maj. Carlos Delgado stated in a press release.
“Herrera was arrested and served with an indictment on the charge of Murder after Herrera did then and there intentionally and knowingly cause the death of an individual by self-induced abortion,” Delgado stated.
Delgado didn’t say underneath what legislation Herrera has been charged. He stated no different info shall be launched till at the least Monday as a result of the case stays underneath investigation.
Texas legislation exempts her from a prison murder cost for aborting her personal being pregnant, University of Texas legislation professor Stephen Vladeck informed The Associated Press.
“(Homicide) doesn’t apply to the murder of an unborn child if the conduct charged is ‘conduct committed by the mother of the unborn child,’” Vladeck stated.
A 2021 state legislation that bans abortions in Texas for girls who’re as early as six weeks pregnant has sharply curtailed the variety of abortions within the state. The legislation leaves enforcement to non-public residents who can sue docs or anybody who helps a lady get an abortion.
The lady receiving the abortion is exempted from the legislation.
However, some states nonetheless have legal guidelines that criminalize self-induced abortions “and there have been a handful of prosecutions here and there over the years,” Vladeck stated.
“It is murder in Texas to take steps that terminate a fetus, but when a medical provider does it, it can’t be prosecuted” as a consequence of U.S. Supreme Court rulings upholding the constitutionality of abortion, Vladeck stated.
Another Texas legislation prohibits docs and clinics from prescribing abortion-inducing drugs after the seventh week of being pregnant and prohibits supply of the tablets by mail.
Medication abortions will not be thought-about self-induced underneath federal Food and Drug Administration rules, Vladeck stated.
“You can only receive the medication under medical supervision,” in accordance with Vladeck. “I realize this sounds weird because you are taking the pill yourself, but it is under a providers’ at least theoretical care.”