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Proposed Legislation Makes Taking A Minor Out Of State For Abortion Care A Felony

Those found guilty could face three to 15 years in prison and up to $10,000 in fines.

Taking a minor out of the state of Tennessee for abortion care could soon be classified as a Class C felony.

This week, Rep. Jason Zachary (R-Knoxville), introduced HB 1895, which would prohibit taking minors to another state for a medical abortion. The bill proposes that this act be defined as “abortion trafficking.” 

The legislation also allows for another person to sue the person found guilty of “abortion trafficking” for the death of the unborn child.

“Abortion – As introduced, creates the criminal offense of abortion trafficking of a minor,” reads the summary of the bill. “Provides for a civil action against a person committing the offense of abortion trafficking of a minor for the wrongful death of an unborn child that was aborted.”

If passed, those found guilty could face three to 15 years in prison and up to $10,000 in fines.

In August 2022, providing abortions became a felony in Tennessee, following the overturning of Roe v. Wade by the U.S. Supreme Court. Tennessee’s Human Life Protection Act, which was initially passed in 2019, does not allow abortions in cases of rape, incest, or any fetal abnormality that could prove fatal to the baby. Clinics such as Planned Parenthood of Tennessee and North Mississippi were forced to stop abortion services completely.

As abortion providers in the state stopped services, many women began to consider traveling out of state for abortions. Choices-Center for Reproductive Health, opened a clinic in Carbondale, Illinois. According to the clinic, they have provided close to 3,800 abortions since the Dobbs decision.

In November of last year Planned Parenthood of North Mississippi in Tennessee announced that through October of 2023, they had “navigated 632 patients out of state for abortion services and have spent $97,429 on their travel expenses.”

The bill has already drawn heavy criticism by multiple abortion advocates, as well as on social media.

Ashley Coffield, CEO of Planned Parenthood of Tennessee and North Mississippi said that this legislation is “especially dangerous for vulnerable minors living in abusive situations.”

“Most minors involve a parent in their decision to get an abortion. But for young people living in abusive households, disclosing sexual activity or pregnancy can trigger physical or emotional abuse, including direct physical or sexual violence, or being thrown out of the home,” said Coffield. “This bill makes criminals out of trusted adults, including other family members, who can help in these circumstances.”

An X [formerly Twitter] user by the name @lgbtwerewolves took to the platform to call the bill “unthinkably evil” and “disgusting.”

“I am imagining the trauma and physical pain a kid has to go through to get to a point of needing abortion care and threatening family members helping them seek care with class c felonies is just adding emotional torture,” the user wrote.