Under New Utah Law, Miscarriage Could Get You Life in Prison

by Alex DiBranco · 2010-03-11 10:07:00 UTC
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If you're thinking of getting pregnant in Utah, I'd suggest moving immediately, since a miscarriage could land you in jail for 15 years to life.

A storm of controversy against the original version of the law criminalizing miscarriages led lawmakers to submit a revised version. Unfortunately, all they did was drop the word "reckless," re-passed the legislation, and had the governor sign into law a bill under which miscarriages caused by "intentional or knowing acts" could get a woman locked away for the rest of her life for murder.

Now, every time a woman in Utah miscarries -- which happens in 10-25% of pregnancies -- not only does she have to deal with the disappointment of losing a pregnancy she perhaps deeply wanted, she has to worry about getting thrown in prison for 15 years to life. While the new language is slightly narrower, it still leaves the door wide open for women becoming murder suspects and being investigated simply for being among the one in four pregnant women who suffer a miscarriage. And "knowing or intentional acts" isn't the most precise language: what if you're a smoker who can't manage to quit -- is that a knowing or intentional act? What if you're stuck in what you know is an abusive relationship and miscarry after getting beaten up? It's a slippery slope to legislating total control over a pregnant woman's body.

Even in the anti-choice camp, it's unusual for an elected official to publicly support harsh jail sentences for women who receive illegal abortions, making this measure an alarming new development. You can thank State Representative Carl Wimmer for this. He makes no bones about the fact that he's trying to chip away at Roe v. Wade; meanwhile, the Utah state legislature has refused to even discuss a measure that would clarify what can be taught in sex education classes, an action that could actually reduce unplanned pregnancies and the need for abortion, unlike this miscarriage-criminalizing law.

If you don't live in Utah, try not to feel too left out: Wimmer is trying to get his bill taken as the framework for a national model, so one day you could be charged for murder due to a miscarriage in your own home state!

Photo credit: storyvillegirl

Alex DiBranco is a Change.org Editor who has worked for the Nation, Political Research Associates, and the Center for American Progress. She is now based in New York City.
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