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Old 01-26-2013, 09:41 AM   #92
Cave Johnson Cave Johnson is offline
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Quote:
Originally Posted by JohnnyV13 View Post
Hey, you guys don't know how to break down statutes.

Even in the op, its clear that the mother wouldn't get charged. The key is "with the intent to destroy evidence of the crime".

Thus the elements of this proposed criminal statute is:

Intent: with specific intent to destroy evidence of a crime.

Actus Reus:
1)Any individual who:
a) procures
b) facilitates
c) compells
d) coerces

2) someone to abort a fetus that
3) is the result of a) criminal penetration
b) rape

Penalty: Shall be guilty of tampering with evidence.


Clear that this is aimed at predators who molest their own children or pimps with minor prostitutes or men who coerce victims of statutory rate who then coerce the victim into abortions to hide their guilt.

This isn't about making rape victims carry their children to term or throwing them in jail.

Of course, I'm sure the democrats don't really want to read the statute correctly, nor do they want little things like accuracy get in the way of a good sound byte. Of course, the Republican drafters of this statute are pretty dumb, for not specifically excluding the pregnant mother in the text.
Nice breakdown, but you missed the key element. Doctors who perform ("facilitate") abortions on raped women are guilty of evidence tampering under the statute.

So yeah, it's not quite as mean spirited as charging the women themselves, but it still impacts their right/access to abortion in NM.
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