Texas Woman Faces Murder Charges Over Self-Induced Abortion

© AP Photo / Eric GayClaire Cullwell, holds casts and braces she wore as a newborn as she stands with Texas lawmakers and talks about the Texas Born-Alive bill, Thursday, March 7, 2019, in Austin, Texas.
Claire Cullwell, holds casts and braces she wore as a newborn as she stands with Texas lawmakers and talks about the Texas Born-Alive bill, Thursday, March 7, 2019, in Austin, Texas. - Sputnik International, 1920, 10.04.2022
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A 26-year-old woman in Texas has been charged with murder over "the death of an individual by self-induced abortion," according to authorities.
Details remain scant and it is unknown if the woman, Lizelle Herrera, performed or assisted in a self-induced abortion.
Texas has some of the most stringent abortion laws in the country following the enactment of Senate Bill 8 in September of 2021. The bill made it illegal to receive an abortion after about six weeks of pregnancy.
Herrera was arrested on Thursday and has remained in the Starr County jail in Rio Grande City, Texas.
Lizelle Herrera
Lizelle Herrera - Sputnik International, 1920, 10.04.2022
Lizelle Herrera
Sheriff's Major Carlos Delgado said in a statement, "Herrera was arrested and served with an indictment on the charge of murder after Herrera did then and there intentionally and knowingly cause the death of an individual by self-induced abortion."
It remains unclear what law Herrera broke that would constitute murder under the state’s legal code, and Delgado said more information would be revealed on Monday, as it remains an active investigation.
According to University of Texas law professor Stephen Vladeck, "(Homicide) doesn't apply to the murder of an unborn child if the conduct charged is 'conduct committed by the mother of the unborn child.'"
Vladeck also noted, "It is murder in Texas to take steps that terminate a fetus, but when a medical provider does it, it can't be prosecuted."
Lynn Paltrow, the executive director of National Advocates for Pregnant Women, also raised concerns over the lack of details and charges.
Paltrow said, "What's a little mysterious in this case is, what crime has this woman been charged with?" She added, "There is no statute in Texas that, even on its face, authorizes the arrest of a woman for a self-managed abortion."
Activists in the state have already demanded that Herrea be released. However, until further details are released on Monday, it is impossible to know if Herrea’s jailing is with or without legal merit. Her bond is set at $500,000.
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