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What Are the Penalties for Performing an Abortion in Texas?


Following the United States Supreme Court’s landmark decision to overturn Roe v. Wade earlier this year, several states have enacted trigger laws regarding abortion. Trigger laws are born from legislation that cannot go into effect unless certain events take place. In this instance, the states with abortion trigger laws couldn’t enact them unless the Supreme Court overturned Roe v. Wade. One of the states that had an abortion trigger law on the books was Texas. The trigger law makes getting a legal abortion in Texas nearly impossible.

Is It Illegal to Perform an Abortion in Texas?

Texas already had restrictive abortion laws before the trigger law went into effect. Even before Roe v. Wade was overturned, Texas had already banned certain abortions through the Texas Heartbeat Act. Under the Texas Heartbeat Act, which was enacted in 2021, abortions are banned once embryonic or fetal cardiac activity is detected. Fetal or embryonic cardiac activity is generally detected around six weeks into pregnancy. In many cases, that is so early in a pregnancy that some women aren’t even aware they are pregnant yet.

The Texas abortion trigger law has made performing an abortion in Texas a felony from the moment of fertilization. The only exception to punishment is if the abortion was performed to save the mother’s life from a life-threatening physical condition that was caused or aggravated by their pregnancy. The law does prohibit pregnant women from facing prosecution for undergoing an abortion.

What Are the Punishments for Performing an Abortion in Texas?

The punishments for performing an abortion in Texas are some of the most severe in the country. For instance, under the Texas Heartbeat Act, any member of the public is allowed to sue a person who performs an abortion in Texas once fetal or embryonic cardiac activity has been detected. In such cases, prosecutors can seek a minimum of $10,000 in statutory damages for each abortion that the person has performed.

The penalties for violating the Texas abortion trigger law are even more severe than those for violating the Texas Heartbeat Act. The punishments for violating the Texas abortion trigger law include the following:

  • A fine of at least $100,000 plus attorney fees
  • The revocation of any medical licenses, permits, registrations, and certifications that the defendant holds
  • Up to life in prison

Contact Our Experienced Criminal Defense Lawyers in Denton for a Free Consultation Today

Derek A. Adame, Attorney at Law is prepared to provide doctors and other medical professionals charged with violating Texas’s abortion laws with criminal defense services. We understand how scary facing charges of this magnitude can be, and we will do everything in our power to put your mind at ease. This includes collaborating with you at every stage of your case, examining every detail of your situation, and devising a defense strategy that will give you your best chance to have the charges against you reduced or dismissed.

Derek A. Adame has been successfully handling criminal matters for close to 25 years. He has experience as a prosecutor, which gives him an advantage when it comes to defending his clients. This is because he knows the strategies that the prosecution will try to use against his clients and understands how to design and implement tactics combat them.

For a better understanding about how Derek A. Adame, Attorney at Law can help you if you’re facing charges for performing an abortion in Texas, review our case results.

To learn more about what options are available to you if you’re facing criminal charges in Texas, or to discuss your situation with our experienced criminal defense attorney in Denton, call us at 940.441.4239 or reach out to us online today for a free consultation.

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