Criminal Abortion :: Tennessee Criminal Lawyer Blog

It would be hard to find a more sensitive issue in America today than the issues of abortion. Many individuals take the stance that an unborn fetus of any age is a human being and that abortion is unconditionally wrong while many are of the view that a woman has the absolute right to choose whether or not to carry a baby. The view of the Tennessee legislature, at least for right now, is that some abortions are legal and others are not, as codified in T.C.A. 39-15-201.

Tennessee's law on illegal abortion is pretty straightforward as laid out in T.C.A. 39-15-201(b)(1):

Every person who performs an abortion commits the crime of criminal abortion, unless such abortion is performed in compliance with the requirements of subsection (c). Criminal abortion is a Class C felony.

The next logical step, then, would be to determine what "subsection (c)" says regarding legal abortions, which is:

(c) No person is guilty of a criminal abortion or an attempt to procure criminal miscarriage when an abortion or an attempt to procure a miscarriage is performed under the following circumstances:

(1) During the first three (3) months of pregnancy, if the abortion or attempt to procure a miscarriage is performed with the pregnant woman's consent and pursuant to the medical judgment of the pregnant woman's attending physician who is licensed or certified under title 63, chapter 6 or 9;

(2) After three (3) months, but before viability of the fetus, if the abortion or attempt to procure a miscarriage is performed with the pregnant woman's consent and in a hospital as defined in § 68-11-201, licensed by the state department of health, or a hospital operated by the state of Tennessee or a branch of the federal government, by the pregnant woman's attending physician, who is licensed or certified under title 63, chapter 6 or 9, pursuant to the attending physician's medical judgment; or

(3) During viability of the fetus, if the abortion or attempt to procure a miscarriage is performed with the pregnant woman's consent and by the pregnant woman's attending physician, who is licensed or certified under title 63, chapter 6 or 9; and, if all the circumstances and provisions required for a lawful abortion or lawful attempt to procure a miscarriage during the period set out in subdivision (c)(2) are adhered to; and if, prior to the abortion or attempt to procure a miscarriage the physician has certified in writing to the hospital in which the abortion or attempt to procure a miscarriage is to be performed, that in the physician's best medical judgment, after proper examination, review of history, and such consultation as may be required by either the rules and regulations of the board for licensing health care facilities promulgated pursuant to § 68-11-209, or the administration of the hospital involved, or both, the abortion or attempt to procure a miscarriage is necessary to preserve the life or health of the mother, and shall have filed a copy of the certificate with the district attorney general of the judicial district in which the abortion or attempt to procure a miscarriage is to be performed.

Basically then, a legal abortion can only be performed by a licensed or certified physician in accordance with these requirements before the fetus becomes "viable" or when necessary to preserve the life of the mother after the fetus becomes viable. Regardless of one's own personal views regarding abortion, no one can deny that it is an expensive and sometimes humiliating process, which tempts many individuals to attempt to have abortions privately or under conditions that are not controlled in accordance with the law. If you or a loved one has been charged with this or any other offense, contact an East Tennessee criminal defense attorney for assistance with your case.