CAN A WOMAN BE FOUND GUILTY OF HOMICIDE IN CASES OF ABORTION?
CAN A WOMAN BE FOUND GUILTY OF HOMICIDE IN CASES OF ABORTION?
At Stake is the Roe v Wade Amendment being Petitioned to Chance South Dakota Law
At the heart of the public discussion related to "Abortion" is defined as the deliberate termination of a human pregnancy, most often performed during the first 28 weeks of pregnancy, and whether or not South Dakota law governing abortions protect women from being found guilty or not guilty of homicide where women choose to have abortions.
But first, the 'statute' most in question is S.D.C.L 22-16-1 of which says the following:
Homicide is the killing of one human being, including an unborn child, by another. Homicide is either: (1) Murder; (2) Manslaughter; (3) Excusable homicide; (4) Justifiable homicide; or (5) Vehicular homicide.
And then, there is S.D.C.L 22-16-1.1 of which goes on to define how, and who to punish for Fetal Homicide:
Homicide is fetal homicide if the person knew, or reasonably should have known, that a woman bearing an unborn child was pregnant and caused the death of the unborn child without lawful justification and if the person: (1) Intended to cause the death of or do serious bodily injury to the pregnant woman or the unborn child; or (2) Knew that the acts taken would cause death or serious bodily injury to the pregnant woman or her unborn child; or (3) If perpetrated without any design to effect death by a person engaged in the commission of any felony. Fetal homicide is a Class B felony. This section does not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, lawful or unlawful, to which the pregnant woman consented.
Does this statute allow us to find any "Woman" guilty herself if she requested, and asked for, and had an abortion performed?
That answer, may be, and could be answered in the following codified law, prescribed below:
Any person who performs, procures or advises an abortion other than authorized by chapter 34-23A is guilty of a Class 6 felony - S.D.C.L 22-17-5-1
Is this section of South Dakota law not adhering to, and placing at blame, the Doctors, Medical Examiners, Councillars, Other Persons who may be involved in the procurement and procedures of performing abortions?
South Dakota Codified Law Chapter 22, Subsection 17 goes on to say...
For the purposes of this chapter, an attempt to perform an abortion is an act or omission that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in South Dakota. The Legislature finds that all abortions, whether surgically or chemically induced, terminate the life of a whole, separate, unique, living human being. The Legislature finds that there is an existing relationship between a pregnant woman and her unborn child during the entire period of gestation.The Legislature finds that procedures terminating the life of an unborn child impose risks to the life and health of the pregnant woman. The Legislature further finds that a woman seeking to terminate the life of her unborn child may be subject to pressures which can cause an emotional crisis, undue reliance on the advice of others, clouded judgment, and a willingness to violate conscience to avoid those pressures. The Legislature therefore finds that great care should be taken to provide a woman seeking to terminate the life of her unborn child and her own constitutionally protected interest in her relationship with her child with complete and accurate information and adequate time to understand and consider that information in order to make a fully informed and voluntary consent to the termination of either or both. The Legislature finds that pregnant women contemplating the termination of their right to their relationship with their unborn children, including women contemplating such termination by an abortion procedure, are faced with making a profound decision most often under stress and pressures from circumstances and from other persons, and that there exists a need for special protection of the rights of such pregnant women, and that the State of South Dakota has a compelling interest in providing such protection. The Legislature finds that, through the common law, the courts of the State of South Dakota have imposed a standard of practice in the healthcare profession that, except in exceptional circumstances, requires physicians and other health care practitioners to provide patients with such facts about the nature of any proposed course of treatment, the risks of the proposed course of treatment, the alternatives to the proposed course, including any risks that would be applicable to any alternatives, as a reasonable patient would consider significant to the decision of whether to undergo the proposed course of treatment. The South Dakota common law cause of action for medical malpractice informed consent claims based upon the reasonable patient standard is reaffirmed and is hereby expressly declared to apply to all abortion procedures. The duty of a physician to disclose all facts about the nature of the procedure, the risks of the procedure, and the alternatives to the procedure that a reasonable patient would consider significant to her decision of whether to undergo or forgo the procedure applies to all abortions. Nothing in § 34-23A-1, §§ 34-23A-1.2 to 34-23A-1.7, inclusive, § 34-23A-10.1, and § 34-23A-10.3 may be construed to render any of the requirements otherwise imposed by common law inapplicable to abortion procedures or diminish the nature or the extent of those requirements. The disclosure requirements expressly set forth in § 34-23A-1, §§ 34-23A-1.2 to 34-23A-1.7, inclusive, § 34-23A-10.1, and § 34-23A-10.3 are an express clarification of, and are in addition to, those common law disclosure requirements.
So, in retrospect to the women's right to have an abortion, the South Dakota Legislature has upheld, and maintained the 'women's right to terminate her relationship of her unborn baby, let alone, is asking the "State" to protect that right by not sentencing her, for going through with, and allowing the abortion to occur.
According to South Dakota Codified Law, the law itself is holding accountable the professionals, the Doctors, Nurses, Medical Examiners, Physicians, Other Persons of whom the "Woman" may come into contact with, in order to procure, and perform abortions. Therefore, the law is not only protecting the women's right to make that choice, it is penalizing, fining, sanctioning the very persons, of whom perform the abortion itself.
South Dakota Codified Law 34-23A goes into detail, on how "Abortions" shall be governed, and what procedures must be done, in order to create a lawful, and legal Abortion:
- An abortion may be performed in this state only if it is performed in compliance with § 34-23A-3, 34-23A-4, or 34-23A-5. If a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting his judgment that an abortion is necessary to avert her death or that a delay will create serious risk of substantial and irreversible impairment of a major bodily function. An abortion may be performed by a physician during the first twelve weeks of pregnancy. The abortion decision and its effectuation must be left to the medical judgment of the pregnant woman’s attending physician during the first twelve weeks of pregnancy; and
- An abortion may be performed following the twelfth week of pregnancy and through the twenty-second week of pregnancy by a physician only in a hospital licensed under the provisions of chapter 34-12 or in a hospital operated by the United States, this state, or any department, agency, or political subdivision of either or in the case of hospital facilities not being available, in the licensed physician’s medical clinic or office of practice subject to the requirements of Any abortion performed under the provisions of § 34-23A-4 or 34-23A-5 of which shall be performed only in a facility which has a blood bank or a sufficient supply of blood immediately available and such facilities shall provide for Rhesus factor (Rh) testing and Rho-gam, Gammulin or any other product of equivalency inoculations shall be required for women undergoing abortion who have the Rh-negative factor.
- The Rh Factor is a protein that can be found on the surface of red blood cells. If your blood cells have this protein, you are Rh positive. If your blood cells do not have this protein, you are Rh negative. Blood typing is determined by the molecules on the surface of the red blood cells (RBCs). In general, we can classify someone’s blood type by the absence or presence of A or B antigens and Rh factor on the surface of blood cells. The most commonly recognized blood groups are A positive, A negative, B positive, B negative, AB positive, AB negative, O positive, and O negative. The positive or negative sign next to the blood groups is known as the Rhesus (Rh) factor. The Rh factor is an inherited protein that can be found on the surface of the red blood cell.
Although Rh positive is the most common blood type, having a Rh-negative typing does not indicate illness and usually doesn’t affect your health.
For more information related to the Rh Blood Factor, click the link —
For more information related to the Rh Blood Factor, click the link —
And, finally, as per SDCL 34-23A-7 – Lays out the fact that you must provide a 48 Hour Notice to any Parent or Guardian:
No abortion may be performed upon an unemancipated minor or upon a female for whom a guardian has been appointed because of a finding of incompetency, until at least forty-eight hours after written notice of the pending operation has been delivered in the manner specified in this section. The notice shall be addressed to the parent at the usual place of abode of the parent and delivered personally to the parent by the physician or an agent. In lieu of such delivery, notice may be made by certified mail addressed to the parent at the usual place of abode of the parent with return receipt requested and restricted delivery to the addressee, which means a postal employee can only deliver the mail to the authorized addressee. If notice is made by certified mail, the time of delivery shall be deemed to occur at twelve noon on the next day on which regular mail delivery takes place, subsequent to mailing.
Therefore, In order to properly apply SDCL 22-17-5 – you cannot hold the MOTHER accountable for her decision, if it is in fact, her very own volunteered decision, unless she acted in, or conspired wither persons to unlawfully have an abortion without the consensual agreement between her and her doctor falsify, and misrepresent a Blood Test, of which is required to determine the exact reason for the “Medical Emergency” of which her life, or the Unborn Child’s life is threatened.
In order to have a lawful Abortion in South Dakota, a Medical Emergency must be declared, and it must be documented by a Family Doctor, let alone in addition, a blood bank medical center must participate within the process of procuring an abortion, let alone advise the Family Doctor and Mother of such medical emergency, of which then the doctor provides further advice and councils the mother, instructing her that an Abortion is the lone, immediate tool necessary to resolve the matter at hand.
The MOTHER cannot be held at any time for homicide, for procuring an abortion, unless she herself conspires, or acts outside the lawful means of obtaining the right to have an abortion, of which, then does the penalties, fines, and sanctions within S.D.C.L 22-16-1.1 be brought into the situation as lawful charges against the woman.
The People of the State of South Dakota are, are delegating upfront that the State Government must at all times protect the life of the Woman, and her Unborn Child at all times, regardless, and shall not issue any lawful, or authorized right to directly procure abortions within this State.
Abortions are to be an indirect tool used by the Medical Profession where a “Medical Emergency” is declared, of which, the citizens, and their representatives have ruled, that very specific procedures must be followed, in order to establish an authorized, legal, and lawful right to perform an abortion.
I am not an attorney, nor a lawyer, nor am I acting as one. I am merely a citizen of the State of South Dakota just attempting to interpret, and understand what the law says related to a Woman Rights, let alone on the topic of Abortion.
It is my interpretation, that SDCL 22-16-1 and 1.1 does not find guilty of a woman for volunteering to request, and ask for an abortion, it is speaking directly to the State Government, in order to not grant any such permission to any such doctor, nurse, medical examiner, councillor, physician, or any other person to precure, let alone perform an abortion in this state, without going through, the proper procedures, and duties first, thus, first declaring a medical emergency first, and foremost.
As a free and independent Republic - under the Constitution, we have the ability to change our laws, anytime we wish, however, I would urge the South Dakota voters to not sign the Roe v Wade Initiative Petition until you actually read, and research what it actually says, does, and covers, before you place it on a future ballot, allowing the voters to vote on it. I would not want to place anything in our "constitution" which may restrict our right to do, or not do something that we have the right to do or not do.
Think about what you are signing, you do not have to sign any petition of which you have no knowledge of, and if you have no knowledge of the legislation, being asked for your support, do you wish to agree to such a contract without first reading it?