Illegal Abortion – NRS 201.120

Overview

Illegal abortion, as defined under Nevada Revised Statute (NRS) 201.120, is a serious offense that prohibits anyone from performing or procuring an abortion outside the boundaries established by state law. This statute is designed to regulate the circumstances under which abortions can be legally conducted and to protect the health and safety of individuals seeking this procedure. Understanding the implications of this law is crucial for medical professionals, patients, and legal practitioners involved in reproductive rights and criminal defense. Attorney Josh Tomsheck of Hofland & Tomsheck is an experienced criminal defense lawyer who can help those accused of violating this statute navigate the complexities of their case and protect their rights.

Definition of Illegal Abortion

Under NRS 201.120, “illegal abortion” refers to the act of intentionally terminating a pregnancy through unauthorized means. Key components of this statute include:

1. Unlawful Termination of Pregnancy: The abortion must be performed through methods that are not legally permitted in Nevada. This includes performing the procedure without proper medical licensing or outside of legally accepted medical settings.
2. Violation of Legal Requirements: The statute criminalizes the termination of a pregnancy when it does not meet the legal requirements established by state law, such as the conditions for a lawful abortion outlined in NRS Chapter 442.
3. Intentional Act: The individual accused must have willfully engaged in the act of performing or procuring an illegal abortion, knowing that the procedure was not conducted in compliance with Nevada law.

Legal Requirements for Prosecution

To secure a conviction for illegal abortion under NRS 201.120, the prosecution must prove the following elements beyond a reasonable doubt:

1. Intentional Termination: The defendant must have intentionally performed or attempted to perform an abortion.
2. Unauthorized Means: The abortion was conducted through methods not authorized by Nevada law, which could include performing the procedure without the necessary medical qualifications or outside of a lawful medical facility.
3. Violation of Statutory Conditions: The procedure must have been performed in violation of the specific conditions required by Nevada law, such as failing to adhere to the medical guidelines and restrictions outlined in state statutes.

Related Offenses

Illegal abortion is closely related to several other offenses under Nevada law. Understanding these related charges is essential, as they may be charged alongside or in lieu of illegal abortion, depending on the circumstances:

• Unlawful Practice of Medicine – NRS 630.400: Performing an abortion without a valid medical license can lead to charges of unlawful practice of medicine.
• Child Endangerment – NRS 200.508: If an illegal abortion endangers the health or safety of a minor, additional charges of child endangerment may be filed.
• Assault or Battery – NRS 200.471 & NRS 200.481: If the procedure is conducted in a manner that causes harm or is performed against the patient’s will, the accused may face charges of assault or battery.

Examples of Illegal Abortion Offenses

To illustrate how NRS 201.120 is applied, consider these examples:

• Example 1: A non-medical professional performs an abortion in a private residence without any medical credentials or equipment. This constitutes an illegal abortion and can result in severe criminal charges.
• Example 2: A licensed medical professional conducts an abortion in a facility that does not meet the regulatory standards required by Nevada law, or without adhering to the mandatory waiting periods and consent laws. This could also result in charges under NRS 201.120.

Penalties for Illegal Abortion

The penalties for committing illegal abortion under NRS 201.120 can be severe and include:

• Category B Felony: Conviction for illegal abortion is classified as a Category B felony in Nevada, carrying the following penalties:
  • Imprisonment: 1 to 10 years in the Nevada Department of Corrections.
  • Fines: Up to $10,000.
• Additional Consequences: Conviction may also lead to professional consequences, such as the revocation or suspension of medical licenses and other professional certifications.

Defenses Against Illegal Abortion Charges

If you are facing charges for illegal abortion under NRS 201.120, several defenses may apply. Attorney Josh Tomsheck can evaluate your case and develop a defense strategy based on the specific circumstances. Common defenses include:

1. Lack of Intent: Demonstrating that the accused did not intentionally perform or procure an abortion in violation of the law can be a strong defense. If the procedure was performed with the belief that it was legally permissible, this may mitigate liability.
2. Compliance with Legal Requirements: If the accused can show that the abortion was performed in compliance with the applicable medical and legal standards, this can lead to a dismissal of charges.
3. Insufficient Evidence: If the prosecution cannot provide sufficient evidence to prove that the accused knowingly performed an illegal abortion, the charges may be dismissed.
4. Constitutional Challenges: In some cases, it may be possible to challenge the constitutionality of the statute itself, particularly if it conflicts with established reproductive rights under federal law.

The Importance of Legal Representation

Navigating the complexities of illegal abortion charges requires experienced legal representation. Attorney Josh Tomsheck is a board-certified criminal trial attorney and a registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling complex criminal cases, including those involving sensitive and controversial issues, equips him to provide a robust defense against charges under NRS 201.120.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain States Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of his clients and his deep understanding of Nevada’s legal landscape make him a formidable advocate in cases involving illegal abortion.

Understanding Your Rights

If you are accused of illegal abortion, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests. Attorney Josh Tomsheck and the team at Hofland & Tomsheck are dedicated to providing aggressive and knowledgeable defense strategies tailored to your case.

Contact Josh Tomsheck Today

For more information about defending against illegal abortion charges under NRS 201.120 in Las Vegas or anywhere in Nevada, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options. Don’t leave your future to chance—let us help you protect your rights and achieve the best possible outcome.