New Federal Crime: Forced Abortion Bill Threatens 25 Years in Prison for Coercion and Broadens Liability for Drug Distributors

The new Forced Abortion Prevention and Accountability Act establishes a serious federal felony targeting anyone who forces a pregnant woman to take an abortion-inducing drug without her informed consent. If you’re caught doing this, and the act involves interstate commerce (which almost everything does these days), you’re looking at up to 25 years in federal prison and a hefty fine. If that coercion results in serious injury or death to the woman, the penalties stack up, potentially adding another 25 years.

The New Criminal Standard: Coercion and Conspiracy

This bill doesn't just target the person physically administering the drug; it also creates a broad definition of conspiracy. Conspiracy includes selling, mailing, or giving someone an abortion-inducing drug (like mifepristone or misoprostol) without taking “reasonable steps to confirm the requester is a pregnant woman seeking an abortion.” Think about that: this means the liability doesn't stop at the coercer. If you're a pharmacist, a licensed distributor, or even a healthcare provider, and you dispense these medications, you could potentially face federal conspiracy charges if you don't meet this vague standard of “reasonable steps” and the drug ends up being used coercively.

Big Civil Suits: Triple Damages and Attorney Fees

Beyond the criminal penalties, the bill creates a powerful new tool for victims: the right to sue. A woman who was forced to take the drug can sue the person who coerced her, or anyone who conspired in the act. If she wins, she gets compensated for all her physical and psychological injuries, plus statutory damages equal to three times the cost of those injuries—what’s often called triple damages. She also gets punitive damages (money meant to punish the wrongdoer) and, critically, the defendant must pay her reasonable attorney’s fees. For everyday people, this means a victim doesn't have to worry about crushing legal bills to seek justice.

The Catch: Liability for Distributors

While the goal of protecting women from coercion is clear, the way the bill defines conspiracy creates significant legal jeopardy for legitimate distributors. The language requiring “reasonable steps to confirm” is the biggest question mark. What exactly are “reasonable steps” for a mail-order pharmacy or a clinic? The bill doesn't say. This vagueness could force distributors to adopt overly cautious, perhaps invasive, verification procedures to avoid a 25-year federal prison sentence. If a distributor fails to meet an undefined standard, they risk being swept into a federal criminal case, even if they had no idea the drug would be used coercively. This could change how these medications are accessed and distributed across state lines, potentially limiting availability due to fear of prosecution.