In Nevada, it is legal to have an abortion or to perform an abortion, as long as you follow state rules for the procedure. However, there are certain situations in which abortion is against the law. There are also rules in place that prohibit concealing the birth of a child, even if that child is not born alive.
It is important to understand the laws in connection with abortion, including rules related to the sale of drugs intended to produce a miscarriage as well as rules about the admissibility of evidence when a person has been accused of a crime in connection with abortion.
If you have been accused of violating state laws in connection with abortion or in connection with concealing the birth of a child, you should reach out to an experienced attorney to get help understanding what your rights are and how you can defend yourself against the charges that have been brought against you.
Abortion and concealing a birth can both be considered crimes against public decency and crimes against morality. Crimes of this nature are made illegal in Chapter 201 of Nevada’s criminal code. LV Criminal Defense has provided representation to many defendants who have been accused of various types of crimes against morality and decency.
We can put our extensive legal knowledge and experience to work to assist you in the development and implementation of a legal strategy aimed at helping you to get the best outcomes possible as you face serious charges. Give us a call today to find out more about what a Nevada criminal defense lawyer at our firm can do to help you.
There is a subsection within Chapter 201 that specifically addresses abortion offenses and crimes connected with concealing births. The relevant statutes found within this subsection include Nevada Revised Statute section 201.120 through N.R.S. 201.150.
N.R.S. 201.120 defines unlawful abortions and sets forth the penalty for illegal abortion. N.R.S. 201.120 makes it a crime to prescribe a woman medicine, drugs or substances to terminate a pregnancy. It is also unlawful to advise or cause a woman to use medicine, drugs, or other substances to terminate a pregnancy. Taking any of these actions is illegal regardless of whether the woman is actually pregnant or not.
N.R.S. 201.120 also makes clear that is is unlawful to use, or cause to be used, any other instrument or means to end a pregnancy unless the termination is completed in accordance with Nevada law and/or is done under the advice and direction of a physician in full compliance with Nevada law.
Violating any of these rules and causing a pregnancy termination by any unlawful means is a category B felony. The potential punishment for conviction of a category B felony for abortion includes a minimum term of imprisonment for a one-year period of time. The maximum potential period of imprisonment for unlawful abortion is 10-years imprisonment. In addition, being convicted of unlawful abortion can also result in a maximum fine of $10,000.
There are other provisions within the section prohibiting abortion that could also apply to criminalize other behaviors related to the termination of a pregnancy as well. For example, Nevada Revised Statute section 201.130 details the crime of selling drugs in order to produce a miscarriage.
According to the relevant law, any person who manufactures, sells, or gives away any drugs, medications, or other instruments with the intent that the medication or instrument is to be used to cause a miscarriage can be convicted of a gross misdemeanor. A gross misdemeanor carries a maximum penalty of one year in county jail along with a possible fine of up to $2,000.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Finally, N.R.S. 201.150 is also contained within the abortion subsection of Chapter 201. This statute deals with concealing birth and establishes the crime and penalty for someone who attempts to hide the birth of a child. Attempting to conceal the birth of a child and hide the body of the child is illegal, regardless of whether the child died before birth or whether the child died after birth. Conviction for this offense means a defendant will be convicted of a gross misdemeanor and will face the penalties associated with a gross misdemeanor under Nevada law. These penalties include imprisonment for up to a year along with the potential for a fine up to $2,000.N.R.S. 201.140 provides details about the rules for evidence admissibility in cases relating to abortion crimes. According to N.R.S. 201.140, no person can be accused of testifying when a case has been brought in connection with abortion, attempted abortion, or selling drugs, on the grounds that the individual’s testimony would be incriminating. However, incriminating testimony that is provided under N.R.S. 201.140 cannot be used against the person who is testifying, except if that individual is prosecuted for perjury for providing false testimony.
Being accused of unlawful abortion is very serious, as both felony charges and gross misdemeanor charges can result in a defendant being imprisoned, facing fines, and being left with a criminal record that can have an adverse impact on future jobs and other opportunities.
Fighting against conviction is important if you have the ability to raise affirmative defenses or to introduce reasonable doubt to avoid conviction for abortion or any other crime against public decency and good morals. Tackling your approach to your charges proactively and using the right approach could lead to acquittal. If you decide to plead guilty, you should also ensure that a favorable plea deal is negotiated aimed at lessening charges or reducing penalties.
LV Criminal Defense is here to help you fight the charges against you in court or to negotiate a plea agreement on your behalf. We can help you to evaluate the evidence to determine the best course of action and will work with you to ensure that you have made the right choices in responding to charges. To find out more about how we can help you give us a call today to talk with a Nevada criminal attorney at ur firm who is ready to fight for your future.