Alabama Pregnancy Criminalization Law (SB 26)

SB 26 would remove from the Alabama Code a provision which states that a person may not be prosecuted for conduct relating to an abortion if there is consent from the pregnant woman. The bill revises the definition of criminal homicide to include abortion, even if the woman consents. Under existing law, the definition of criminal homicide does not apply to a legal abortion.

The bill includes personhood language and defines “person” to mean a human being, including an “unborn child” in utero at any stage of development, regardless of viability.

This bill would permit, for example, the state to charge a woman who has an abortion with homicide and criminalizes prenatal drug and alcohol use.

As reported by Rewire:

SB 26, introduced earlier this month, would broadly define the conduct a person could be prosecuted for related to their pregnancy. “It is basically saying we’re going to go ahead and define every crime as something a pregnant person can commit against their own fetus and that includes abortion,” explained [Sarah] Ainsworth [director of legal advocacy at National Advocates for Pregnant Women (NAPW).] “That includes any kind of pregnancy outcome including refusing a c-section [and later miscarrying or experiencing a stillbirth] to falling down the stairs and losing your baby. That is going to be a homicide charge.”

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