Cody Cofer | January 10, 2025 | Criminal Law

Texas Abortion Law

Texas has some of the strictest abortion laws in the country. It had a trigger law in place that prohibited most abortions in the state. The law went into effect when the United States Supreme Court overturned Roe v. Wade in June 2022 with the decision in Dobbs v. Jackson.

The Human Life Protection Act of 2021 – Texas Abortion Trigger Law

Texas is one of several states that had trigger laws in place when Roe v. Wade was overturned. These laws were “triggered” when they became enforceable. Texas Health and Safety Code §170A.002 prohibits someone from knowingly attempting, inducing, or performing an abortion.

The laws do not criminalize abortions for the pregnant woman. Instead, it makes it a crime for anyone who attempts to perform an abortion. Therefore, doctors can be arrested for violating the law unless the abortion meets the criteria for an exception.

In addition to the trigger law banning almost all abortions in Texas, the state has enacted related laws. For example, it is illegal to furnish the means of abortion, such as providing abortion medication to someone in the state.

Other abortion laws include:

  • Performing a dismemberment abortion is a felony
  • Recklessly, knowingly, or intentionally performing a drug-induced abortion is a felony
  • Performing a partial-birth abortion is a felony
  • Performing an abortion without providing a sonogram and having the mother listen to the baby’s heart is a misdemeanor

A person could face more than one criminal charge for performing an abortion in Texas. The exact criminal charges depend on the circumstances and facts of the case.

What Is the Exception to the Texas Abortion Ban?

The Texas abortion law does not provide exceptions for incest or rape. It criminalizes abortions from the point of fertilization. The only exception is if the mother’s life or health is in jeopardy. However, the law is written in such a way that it discourages doctors from performing abortions by narrowing the exception.

The Texas ban on abortions does not apply if all the following criteria are met:

  • The person performing the abortion is a licensed physician;
  • It is determined through reasonable medical judgment that the woman has a life-threatening physical condition arising from, caused by, or aggravated by a pregnancy that places the woman at serious risk of substantial impairment of a major bodily function or risk of death if an abortion is not performed; and,
  • The physician performs an abortion in a manner that, in the exercise of reasonable medical judgment, offers the best opportunity to save the unborn child unless doing so would put the woman at greater risk of death or serious risk of substantial impairment of a major bodily function.

Even though the Texas abortion law provides this exception, meeting the criteria for the exception can be daunting. A doctor cannot take into consideration the possibility of the woman harming herself if she cannot receive an abortion.

Questions arise disputing what constitutes a “risk of death” or “serious risk of substantial impairment” for an abortion. Prosecutors question whether the doctor performing the abortion exercised “reasonable medical judgment.” Conflicting opinions can question whether the doctor met the criteria for an exception.

On September 1, 2023, the state passed a law that provides physicians and pharmacists an affirmative defense for performing an abortion. The law protects doctors who perform an abortion to treat life-threatening complications from an ectopic pregnancy and prevent premature membrane rupture. However, the provider must prove they used reasonable medical judgment when treating these conditions.

What Are the Penalties for Violating the Texas Abortion Ban?

A conviction for performing an abortion in Texas has strict penalties. The charge for violating the abortion ban is a second-degree felony. The potential penalty for a second-degree felony charge of violating the abortion law is:

  • A minimum of two years in prison, with a maximum of 20 years in prison
  • A fine of $10,000 for each violation
  • Revocation of health care professional’s license

The charge for assisting in an abortion increases to a first-degree felony if the fetus dies because of the procedure. A first-degree felony is punished by at least five years in prison, with a maximum sentence of life in prison. The person is also fined $10,000 and loses their license.

What Should I Do if I’m Facing Criminal Charges for Performing an Abortion in Texas?

Anyone who performs or assists with an abortion could face criminal charges. Texas district attorneys can criminally prosecute numerous people who “assist” a woman with an abortion, including but not limited to:

  • Medical providers and healthcare professionals
  • Pharmacists who sell abortion medication
  • Someone who drives a woman to a place to have an abortion
  • A friend or family member who helps a woman pay for an abortion
  • Someone who gives a woman medication to terminate a pregnancy

If you are charged with violating the Texas abortion ban, you face severe penalties. The prosecutor could seek life imprisonment for a first-degree felony charge. Therefore, you must take immediate steps to protect your rights and interests. Steps to take include:

  • Do not talk with the police, prosecutors, or other law enforcement officials without an attorney present. Always exercise your right to remain silent.
  • Contact a criminal defense attorney immediately if you believe you are being investigated for aiding or providing illegal abortions. Having legal counsel as soon as possible is in your best interest.
  • Do not discuss the charges with anyone other than your attorney, including the person who had the abortion or anyone related to her.
  • Do not resist arrest or try to explain why you should not be arrested. Instead, remain silent except for asking for an attorney.
  • Gather all medical records and information related to the charges to provide to your attorney.

Hiring a Fort Worth abortion lawyer is the best way to protect yourself. An attorney understands the complicated abortion laws in Texas and the potential defenses to abortion criminal charges.

Learn More About Abortion Law Defenses in Fort Worth, TX

Contact Cofer Luster Criminal Defense Lawyers for a free consultation to discuss your legal options after an arrest for illegal abortions in Texas. We provide aggressive defense for individuals facing many different types of criminal charges.

For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102