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Originally posted by Gattigap
Sigh. This is the subject of the LAT article I quoted a few days back. The answer is the former: The woman is precluded from criminal prosecution under this law, period.
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I apologize for hurting your feelings by forgetting what was surely a lucid, timely, and informative post. But your "under this law" caveat is exactly what I'm talking about. Thanks to Burger, we know that the law says:
- Nothing in this Act may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.
A prosecutor would argue that a woman charged with conspiracy or aiding and abetting is not being "subjected" to criminal conviction or penalty under "this Act" -- she's being charged with conspiracy or aiding and abetting, which are distinct crimes.
