Idaho Governor Signs 'Abortion Trafficking' Bill

First-of-its-kind law bans adults from helping minors get abortions without parents' consent
By Newser Editors and Wire Services
Posted Apr 6, 2023 12:51 PM CDT
Idaho Governor Signs 'Abortion Trafficking' Bill
Boise, Idaho resident Autumn Myers holds a sign during a Planned Parenthood rally for abortion rights at the Idaho Statehouse in downtown Boise, May 14, 2022.   (Sarah A. Miller/Idaho Statesman via AP, File)

Idaho Gov. Brad Little signed a bill into law Wednesday that makes it illegal for an adult to help a minor get an abortion without parental consent. The law is the first of its kind in the US and creates a new crime of "abortion trafficking," barring adults from obtaining abortion pills for a minor or "recruiting, harboring, or transporting the pregnant minor” without the consent of the minor's parent or guardian, the AP reports. Anyone convicted of breaking the law will face two to five years in prison and could also be sued by the minor's parent or guardian. Parents who raped their child will not be able to sue, though the criminal penalties for anyone who helped the minor obtain an abortion will remain in effect.

To sidestep violating a constitutional right to travel between states, Idaho’s law makes illegal only the in-state segment of a trip to an out-of-state abortion provider. Opponents have promised a legal battle. "Yet again, Idaho’s governor disregarded constituents and signed HB 242 into law, creating the nation’s first crime of so-called 'abortion trafficking.' This legislation is despicable, and we’re going to do everything in our power to stop it," Idaho State Director for Planned Parenthood Alliance Advocates-West said Wednesday on Twitter.

Idaho is one of 13 states that already effectively ban abortion in all stages of pregnancy, and is one of a handful of states that already have laws penalizing those who help people of any age obtain abortions. Thirty-six states require parental involvement in a minor’s decision to have an abortion, though most allow exceptions under certain circumstances like medical emergencies, according to the Guttmacher Institute, a research group supporting abortion rights. State leaders in Washington, Oregon, and California have promoted the West Coast as a safe haven for abortion procedures, and lawmakers in Oregon and Washington are considering bills to shield abortion providers and patients from criminal liability. (More abortion stories.)

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