Abortion in the United States

===Penalties by state===
Currently, 13 states have criminal penalties for performing abortions, regardless of [[gestational age]].<ref>{{cite web | url=https://www.goodmorningamerica.com/news/story/abortion-stands-state-state-state-breakdown-abortion-laws-85390463 | title=Where abortion stands in your state: A state-by-state breakdown of abortion laws }}</ref> The penalties in states that have made abortion illegal vary, as outlined below.

This chart lists only the penalties authorized specifically by the state laws which explicitly restrict (or ban) abortions.  The chart does not address the risk of being prosecuted for violating any other law because of the abortion. The jurisprudence surrounding this question – whether laws such as "fetal-personhood laws",<ref>{{cite web | url=https://abcnews.go.com/Health/wireStory/explainer-role-personhood-abortion-debate-87680195 | title=EXPLAINER: What's the role of personhood in abortion debate? | website=[[ABC News]] }}</ref> or laws originally intended to protect pregnant women and their pregnancies from external aggressors, can now also be used to prosecute women who obtain abortions, or who terminate their own pregnancies, deliberately or unintentionally<ref>{{cite web | url=https://abcnews.go.com/Politics/prosecuting-pregnancy-loss-advocates-fear-post-roe-surge/story?id=89812204 | title=Prosecuting pregnancy loss: Why advocates fear a post-Roe surge of charges | website=[[ABC News]] }}</ref> – is unsettled, variable, and, in some states, unclear.<ref>{{cite web | url=https://www.npr.org/2022/07/03/1109015302/abortion-prosecuting-pregnancy-loss | title=Losing a pregnancy could land you in jail in post-Roe America | website=NPR.org }}</ref>
States with criminal penalties that are blocked by a court, have yet to take effect, or are unenforced are denoted by a grey background.
{|class="wikitable"
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!rowspan=2|State
!colspan=2|Sentence
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!width=40%|Abortion providers
!width=40%|Patients getting abortions
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|{{flag+link|Abortion in|Alabama}} || Performing an abortion is a Class A felony punishable by imprisonment for at least 10 years up to 99 years or life. Attempting to perform an abortion is a Class C felony punishable by imprisonment for at least 1 year and 1 day up to 10 years.<ref>{{cite web |url=https://legiscan.com/AL/text/HB314/id/2018876 |title= HB314 |access-date= 28 July 2022}}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://legiscan.com/AL/text/HB314/id/2018876 |title= HB314 |access-date= 28 July 2022 |quote=Section 5. No woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable.}}</ref>
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|- style="background-color: lightgrey;"
|{{flag+link|Abortion in|Arizona}} ||colspan="2"| Performing or attempting to perform an abortion is punishable by imprisonment for a minimum of 2 years and a maximum of 5 years.<ref>{{cite web|url=https://www.azleg.gov/ars/13/03603.htm|title=Arizona Revised Statutes Title 13. Criminal Code §13-3603|access-date= 8 October 2022}}</ref>
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|{{flag+link|Abortion in|Arkansas}} || Performing or attempting to perform an abortion is an unclassified felony punishable by imprisonment not to exceed 10 years and/or a maximum fine of $100,000.<ref>{{cite web |url=https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=309.pdf&ddBienniumSession=2021%2F2021R |title= SB6 |access-date= 28 July 2022}}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=309.pdf&ddBienniumSession=2021%2F2021R |title= SB6 |access-date= 28 July 2022 |quote=5-61-404. Prohibition. (c) This section does not: (1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child.}}</ref>
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|{{flag+link|Abortion in|Idaho}} || Performing an abortion is a felony punishable by imprisonment for not less than 2 and not more than 5 years and/or a maximum fine of $5,000.<ref>{{cite web |url=https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title18/T18CH6.pdf |title=Title 18 Crimes and Punishments Chapter 6 Abortion and Contraceptives |access-date= 28 July 2022}}</ref> || Purposely terminating a pregnancy other than by live birth is a felony punishable by imprisonment for not less than 1 and not more than 5 years and/or a maximum fine of $5,000.<ref>{{cite web |url=https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title18/T18CH6.pdf |title=Title 18 Crimes and Punishments Chapter 6 Abortion and Contraceptives |access-date= 28 July 2022 |quote=18-606 (2) Every woman who knowingly submits to an abortion or solicits of another, for herself, the production of an abortion, or who purposely terminates her own pregnancy otherwise than by a live birth, shall be deemed guilty of a felony...}}</ref>
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|{{flag+link|Abortion in|Indiana}}
|| Performing an illegal abortion is a Level 5 felony punishable by imprisonment for 1 to 6 years and/or a fine of up to $10,000.<ref>{{cite web|url=http://iga.in.gov/legislative/2022ss1/bills/senate/1|title=Senate Bill 1|access-date=8 October 2022}}</ref>||None authorized by the state's ban on abortion.<ref>{{cite web|url=http://iga.in.gov/legislative/2022ss1/bills/senate/1|title=Senate Bill 1|quote=The following sections of this chapter do not apply to a pregnant woman who terminates her own pregnancy or kills a fetus that she is carrying|access-date=8 October 2022}}</ref>
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|{{flag+link|Abortion in|Kentucky}} || Intentional termination of life of an unborn human being is a class D felony punishable by imprisonment for not less than 1 and not more than 5 years.<ref>{{cite web |url=https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49228 |title=KRS Chapter 311 |access-date=28 July 2022}}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49228 |title=KRS Chapter 311 |access-date=28 July 2022 |quote=311.772 (5) Nothing in this section may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty}}</ref>
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|{{flag+link|Abortion in|Louisiana}} || Committing an abortion is punishable by imprisonment for not less than one year and not more than ten years and/or a fine of not less than $10,000 or more than $100,000.<ref>{{cite web |url=https://legiscan.com/LA/text/SB342/2022 |title=SB342 |access-date=28 July 2022 |quote=}}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://legiscan.com/LA/text/SB342/2022 |title=SB342 |access-date=28 July 2022 |quote=87.7. D.  This Section does not apply to a pregnant female upon whom an abortion is committed or performed in violation of this Section and the pregnant female shall not be held responsible for the criminal consequences of any violation of this Section.}}</ref>
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|{{flag+link|Abortion in|Mississippi}} || Performing or attempting to perform an abortion is punishable by imprisonment for not less than 1 year and not more than 10 years.<ref>{{cite web |url=https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-41-45.html |title=Mississippi Code Title 41. Public Health |access-date=28 July 2022}}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-41-45.html |title=Mississippi Code Title 41. Public Health |access-date=28 July 2022 |quote=41-41-45. (4) Any person, except the pregnant woman, who purposefully, knowingly or recklessly performs or attempts to perform or induce an abortion in the State of Mississippi...}}</ref>
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|{{flag+link|Abortion in|Missouri}} || Performing an abortion is a class B felony punishable by imprisonment for at least five years and no more than fifteen years.<ref>{{cite web |url=https://revisor.mo.gov/main/OneSection.aspx?section=188.017&bid=47548&hl= |title=Title XII Public Health and Welfare Chapter 188 |access-date=28 July 2022}}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://revisor.mo.gov/main/OneSection.aspx?section=188.017&bid=47548&hl= |title=Title XII Public Health and Welfare Chapter 188 |access-date=28 July 2022 |quote=188.017. 2. A woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate the provisions of this subsection.}}</ref>

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|{{flag+link|Abortion in|North Dakota}} || Performing an abortion is a class C felony punishable by imprisonment for a maximum of five years and/or a fine of $10,000.<ref>{{cite web |url=https://ndlegis.gov/cencode/t12-1c31.pd |title=Century Code Chapter 12.1–31 Miscellaneous Offenses |access-date=28 July 2022 }}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://ndlegis.gov/cencode/t12-1c31.pd |title=Century Code Chapter 12.1–31 Miscellaneous Offenses |access-date=28 July 2022 |quote= 12.1-31-12. 2. It is a class C felony for a person, other than the pregnant female upon whom the abortion was performed, to perform an abortion.}}</ref>
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|{{flag+link|Abortion in|Oklahoma}} || Performing or attempting to perform an abortion is a felony punishable by imprisonment for a term not to exceed ten years and/or a maximum fine of $100,000.<ref>{{cite web |url=https://legiscan.com/OK/text/SB612/2022 |title=SB612 |access-date=28 July 2022}}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://legiscan.com/OK/text/SB612/2022 |title=SB612 |access-date=28 July 2022 |quote=B. 3. This section does not: a. authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child.}}</ref>
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|{{flag+link|Abortion in|South Dakota}} || colspan="2" |Procurement of abortion is a class 6 felony punishable by up to two years imprisonment and/or a fine of $4,000.<ref>{{cite web |url=https://sdlegislature.gov/Statutes/Codified_Laws/2047216 |title=Codified Laws 22-17-5.1 |access-date=28 July 2022}}</ref> 
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|{{flag+link|Abortion in|Tennessee}} || Performing or attempting to perform an abortion is a class C felony punishable by imprisonment for not less than 3 years and not more than 15 years.<ref>{{cite web |url=https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-21-heartbeat-bill.pdf |title=T. C. A. § 39-15-217  |access-date=28 July 2022}}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-21-heartbeat-bill.pdf |title=T. C. A. § 39-15-217  |access-date=28 July 2022 |quote=No penalty may be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced.}}</ref>
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|{{flag+link|Abortion in|Texas}} || Performing or attempting to perform an abortion is a first-degree felony if an unborn child ("an individual living member of the homo sapiens species from fertilization until birth, including the entire embryonic and fetal stages of development") dies as a result of the offense punishable by imprisonment of not less than 5 years and not more than 99 years and a maximum fine of $10,000; or a second-degree felony otherwise punishable by imprisonment of not less than 2 years and not more than 20 years and a maximum fine of $10,000.<ref>{{cite web |url=https://statutes.capitol.texas.gov/Docs/HS/htm/HS.170A.htm |title=Health and Safety Code Title 2 Health Subtitle H Public Health Provisions Chapter 170A Performance of Abortion |access-date=28 July 2022}}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://statutes.capitol.texas.gov/Docs/HS/htm/HS.170A.htm |title=Health and Safety Code Title 2 Health Subtitle H Public Health Provisions Chapter 170A Performance of Abortion |access-date=28 July 2022 |quote= Sec. 170A.003. Construction of Chapter. This chapter may not be construed to authorize the imposition of criminal, civil, or administrative liability or penalties on a pregnant female on whom an abortion is performed, induced, or attempted.}}</ref>

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|{{flag+link|Abortion in|Utah}} || colspan="2" | Killing an unborn child (not defined in the statute) is a second-degree felony punishable by imprisonment for not less than 1 and not more than 15 years.<ref>{{cite web |url=https://le.utah.gov/xcode/Title76/Chapter7/76-7-S314.html |title=Utah Criminal Code Section 314 |access-date=28 July 2022}}</ref> 
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|{{flag+link|Abortion in|West Virginia}}
|| Performing an illegal abortion is a felony punishable by imprisonment for a minimum of 3 years and a maximum of 10 years.<ref>{{cite web|url=https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=HB302%20ORG.htm&yr=2022&sesstype=3X&i=302|title=HB 302|access-date=9 October 2022}}</ref>||None authorized by the state's ban on abortion.<ref>{{cite web|url=https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=HB302%20ORG.htm&yr=2022&sesstype=3X&i=302|title=HB 302|access-date=9 October 2022|quote=(c) This section may not be construed to subject a mother to a criminal penalty for any violation of this section.}}</ref>
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|{{flag+link|Abortion in|Wisconsin}}  || Performing an abortion is a class  H felony punishable by imprisonment for a maximum of 6 years and/or a fine of $10,000.<ref>{{cite web|url=https://docs.legis.wisconsin.gov/statutes/statutes/940/i/04?view=section|title=Wisconsin Code 940.04|access-date=8 October 2022}}</ref>||None authorized by the state's ban on abortion.<ref>{{cite web|url=https://docs.legis.wisconsin.gov/statutes/statutes/940/i/04?view=section|title=Wisconsin Code 940.04|access-date=8 October 2022|quote=Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony.}}</ref>

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|{{flag+link|Abortion in|Wyoming}} || colspan="2" | Violation of abortion restrictions is a felony punishable by imprisonment for not more than 14 years.<ref>{{cite web |url=https://wyoleg.gov/statutes/compress/title35.pdf |title=Title 35 Public Health and Safety |access-date=28 July 2022}}</ref> 
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