If Roe v. Wade is overturned, medication used to end a pregnancy in W.Va. could result in felony charges


We’re learning new details regarding what could happen in West Virginia if Roe v. Wade is...
We’re learning new details regarding what could happen in West Virginia if Roe v. Wade is overturned.(wvva)
Published: May. 4, 2022 at 1:39 PM EDT
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CHARLESTON, W.Va. (WVVA) - We’re learning new details regarding what could happen in West Virginia if Roe v. Wade is overturned.

The Mountain State is one of 13 states with trigger laws on the books that would ban abortions immediately.

According to Beckley attorney, Robert Dunlap, the state code on the issue would revert back to a 1924 law that not only bans abortions, but any medication used to end the life of an unborn child. WV Code § 61-2-8 (wvlegislature.gov)

“Let’s say your daughter is sexually assaulted. If she takes that medication the next day, it’s so broad that anyone who sells the medication would terminate a fertilized egg could be charged with 3-10 years in prison.”

Two of the most common pills used to terminate pregnancies include Mifepristone and Misoprostol.

Under the 1924 law, anyone in West Virginia who prescribes these medications or performs an abortion could also be charged with a felony.

The law also states that if the mother’s life is lost in the process of that abortion, the person prescribing the medication or performing the procedure could be charged with murder.

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