Legal Definitions - procuring miscarriage

The term "procuring miscarriage" refers to the act of intentionally causing the termination of a pregnancy. Historically, and in some legal systems today, this term specifically denotes an unlawful or unauthorized termination of pregnancy, often before the fetus is viable. It encompasses actions taken by an individual to end a pregnancy, whether by administering substances, performing procedures, or providing means to do so, especially when such actions are contrary to existing laws or without proper consent.

• Example 1: A person secretly administers a substance to a pregnant individual, without their knowledge or consent, with the specific intent of ending the pregnancy.

  Explanation: This scenario illustrates "procuring miscarriage" because the individual intentionally caused the termination of the pregnancy through their actions. The lack of consent and the deliberate intent to end the pregnancy would make this act unlawful, fitting the historical and often current legal understanding of procuring a miscarriage.

• Example 2: In a jurisdiction where abortion is illegal, an individual operates a clandestine facility, providing medical procedures and substances to pregnant people to terminate their pregnancies.

  Explanation: Here, the individual is "procuring miscarriage" by facilitating and performing abortions that are deemed unlawful by the jurisdiction's laws. Their actions directly cause the termination of pregnancies in a manner that contravenes legal statutes.

• Example 3: During a historical period when all abortions were strictly illegal, a person provided a pregnant woman with specific instructions and materials for a self-induced abortion, which she then carried out, resulting in the termination of her pregnancy.

  Explanation: This example demonstrates "procuring miscarriage" in a historical context. The person's act of providing the means and instructions, with the intent that the pregnancy be terminated, would have been considered an unlawful act of procuring a miscarriage under the laws of that era, as they actively contributed to causing the termination.