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Old 01-24-2013, 03:32 PM  
Der Flöprer Der Flöprer is offline
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NM Republicans introducing legislation to criminalize rape victims who abort the baby

This is ****ing insanity.

http://www.nmlegis.gov/Sessions/13%2...se/HB0206.html

HOUSE BILL 206

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Cathrynn N. Brown











AN ACT

RELATING TO CRIMINAL LAW; SPECIFYING PROCURING OF AN ABORTION AS TAMPERING WITH EVIDENCE IN CASES OF CRIMINAL SEXUAL PENETRATION OR INCEST.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 30-22-5 NMSA 1978 (being Laws 1963, Chapter 303, Section 22-5, as amended) is amended to read:

"30-22-5. TAMPERING WITH EVIDENCE.--

A. Tampering with evidence consists of destroying, changing, hiding, placing or fabricating any physical evidence with intent to prevent the apprehension, prosecution or conviction of any person or to throw suspicion of the commission of a crime upon another.

B. Tampering with evidence shall include procuring or facilitating an abortion, or compelling or coercing another to obtain an abortion, of a fetus that is the result of criminal sexual penetration or incest with the intent to destroy evidence of the crime.

[B.] C. Whoever commits tampering with evidence shall be punished as follows:

(1) if the highest crime for which tampering with evidence is committed is a capital or first degree felony or a second degree felony, the person committing tampering with evidence is guilty of a third degree felony;

(2) if the highest crime for which tampering with evidence is committed is a third degree felony or a fourth degree felony, the person committing tampering with evidence is guilty of a fourth degree felony;

(3) if the highest crime for which tampering with evidence is committed is a misdemeanor or a petty misdemeanor, the person committing tampering with evidence is guilty of a petty misdemeanor; and

(4) if the highest crime for which tampering with evidence is committed is indeterminate, the person committing tampering with evidence is guilty of a fourth degree felony."

SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.











I discovered this across my Facebook feed, and will be happy to throw in the article linked there that got me looking into this.

http://www.politicususa.com/republic...ncubators.html


Republicans Turn Victims of Rape and Incest into Felons and Forced Incubators

By: Sarah JonesJan. 24th, 2013more from Sarah Jones

In New Mexico yesterday, Republicans treated us to “Exhibit A” legislation, introduced as House Bill 206. It criminalizes the ending of a pregnancy resulting from rape or incest in some cases, declaring the fetus to be evidence in a criminal trial.

I’ve been pointing out for a while now that House Republicans were going out of their way to give rapists more access to victims (via GOP’s version of the Violence Against Women Act) and forcing a rape victim to carry her rapist’s baby to term, while also granting the rapist access to the child, inadvertently (?) incentivizing rape. Republicans have also been working on redefining rape and trying to pass laws so that victims would be renamed “accusers”. But now, they have finally found a way to just come out and say it.

If you get raped or molested, you are the criminal. If you don’t carry the fetus to term, you may face up to three years in prison.

New Mexico Republicans got one of their token females, Republican State Representative Cathrynn Brown, to introduce HB206 in the New Mexico Legislature — new legislation that would force a rape victim to carry the fetus to term in order to preserve evidence (since when do Republicans care about rape evidence?).

The bill reads, “Tampering with evidence shall include procuring or facilitating an abortion, or compelling or coercing another to obtain an abortion, of a fetus that is the result or criminal sexual penetration or incest with the intent to destroy evidence of the crime.”

The only good news I can potentially see here is that Republicans are claiming to care about rape evidence, and so in a world in which their values were consistent, House Republicans would pass the new bipartisan Senate version of the Violence Against Women Act. The new verion of the VAWA seeks to address the epidemic of untested rape kits. If Republicans want evidence, a rape kit might be a bit easier than forcing a woman to carry a fetus to term.



But if they really wanted evidence in order to prosecute rape, then they wouldn’t need to force a woman to carry a rapist’s fetus to term — they could simply test the aborted fetus, or better yet, process the rape kit. While science and the female body are proving to be too complicated for your modern day GOP, this bill isn’t about evidence. This is about finally finding a way to criminalize victims of rape and incest, so as to protect the perpetrators of those crimes, as all patriarchal systems do (Penn State, the Catholic Church, the Stuebenville football culture, etc). Money and power versus the rape/incest victim.

How many women will be reporting a rape if they know they’ll be forced to carry the fetus to term? Even less than report it right now.

“In addition to being blatantly un-Constitutional, the bill turns victims of rape and incest into felons and forces them to become incubators of evidence for the state,” says Pat Davis of ProgressNow New Mexico, a progressive non-profit opposing the bill. “According to Republican philosophy, victims who are ‘legitimately raped’ will now have to carry the fetus to term in order to prove their case.”

Incubators of evidence and felons? It’s called punishment for reporting a rape.

While hopefully this bill has little chance of passing, it’s important in the sense that it reveals the intentions behind Republican policies relating to women. Taken in context with their refusal to pass the Violence Against Women Act and their many egregious comments about rape and rape victims, it appears as if the intention behind this bill is to protect rapists by inhibiting the reporting of rape.
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Old 01-26-2013, 12:18 AM   #91
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**** religion.
is that physically possible? And if so, do they throw you jail in New Mexico for it?
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Old 01-26-2013, 10:41 AM   #92
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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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Old 01-26-2013, 12:23 PM   #93
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Quote:
Originally Posted by BigRedChief View Post
is that physically possible? And if so, do they throw you jail in New Mexico for it?
The weird thing about you is that I think you believe you're funny.
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Old 01-26-2013, 06:45 PM   #94
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Quote:
Originally Posted by Cave Johnson View Post
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.
Wouldn't the facilitator also have to have intent to destroy evidence for that to be a crime?
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Old 01-26-2013, 06:57 PM   #95
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I typed out this big long rant and decided it wasn't even worth my time. I've lost hope in conservatives. I was one. Really. But now, I realize that all the hard work and effort our Great Grandparents put in for us to have this world as it is now is being thrown away by petulant, spoiled, little adult, brats. I'm glad they're not around to see it. They'd be ashamed. Keep calm. Carry on.
I'm with you. There was a time I was proud to be a Republican (still am a registered Republican). But no more, today's crazy ass religious, tea bagging, anarchists that call themselves Republicans make me ill.
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Old 01-26-2013, 07:01 PM   #96
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I'm with you. There was a time I was proud to be a Republican (still am a registered Republican). But no more, today's crazy ass religious, tea bagging, anarchists that call themselves Republicans make me ill.
republican?

that must be why you're so conservative...

pro-life, anti-gay, anti-contraception, anti-voting (for dems that is) chumsack, anyway...

i knew there was something wrong with you...
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Old 01-27-2013, 11:38 AM   #97
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Quote:
Originally Posted by listopencil View Post
Wouldn't the facilitator also have to have intent to destroy evidence for that to be a crime?
I'm pretty sure abortionists intend to destroy fetuses....
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Old 01-27-2013, 06:45 PM   #98
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Originally Posted by Cave Johnson View Post
I'm pretty sure abortionists intend to destroy fetuses....
I'm pretty sure abortions aren't always facilitated to destroy evidence.
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Old 01-27-2013, 08:08 PM   #99
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If a woman is raped the GOP wants to punish her. If she carries a gun, the Dems want to punish her.


Freedom isn't free....is it?
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Old 01-27-2013, 08:23 PM   #100
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If a woman is raped the GOP wants to punish her. If she carries a gun, the Dems want to punish her.


Freedom isn't free....is it?
Well, except that the first part isn't true. If a woman is raped they want to make it illegal for someone to coerce her into getting an abortion to hide the rape. That's not the same thing. They would like the child to swear itself into active duty for the state militia if it survives/graduates though.
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Old 01-28-2013, 11:52 AM   #101
Cave Johnson Cave Johnson is offline
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Quote:
Originally Posted by listopencil View Post
I'm pretty sure abortions aren't always facilitated to destroy evidence.
The definitions of tampering are contradictory on that point. A supports your interpretation, B supports mine.

Quote:
A. Tampering with evidence consists of destroying, changing, hiding, placing or fabricating any physical evidence with intent to prevent the apprehension, prosecution or conviction of any person or to throw suspicion of the commission of a crime upon another.

B. Tampering with evidence shall include procuring or facilitating an abortion, or compelling or coercing another to obtain an abortion, of a fetus that is the result of criminal sexual penetration or incest with the intent to destroy evidence of the crime.
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