AG Bonta: California Law Does Not Criminalize Pregnancy Loss

COMMUNITY NEWS

AG Bonta: California Law Does Not Criminalize Pregnancy Loss

On Jan. 6, California Attorney General Rob Bonta issued a legal alert to all California district attorneys, police chiefs, and sheriffs stating that section 187 of the California Penal Code was intended to hold accountable those who inflict harm on pregnant individuals, resulting in miscarriage or stillbirth, not to punish people who suffer the loss of their pregnancy.

The alert aims to prevent improper and unjust applications of the law similar to the prosecutions of Adora Perez and Chelsea Becker — two women in Kings County who were charged with “fetal murder” for allegedly causing the stillbirth of their fetuses. The charges against Ms. Becker were dismissed in May 2021. However, Ms. Perez remains in prison serving an 11-year sentence.

“The loss of a pregnancy at any stage is a physically and emotionally traumatic experience that should not be exacerbated by the threat of being charged with murder,” said Bonta. “The charges against Ms. Becker and Ms. Perez were not consistent with the law, and this misuse of section 187 should not be repeated. With reproductive rights under attack in this country, it is important that we make it clear: Here in California, we do not criminalize the loss of a pregnancy.”

“As an organization dedicated to advocating for, and defending the civil and human rights of, all people capable of pregnancy, National Advocates for Pregnant Women is grateful to AG Bonta for his leadership as he makes clear that Penal Code Section 187 should not be misused to criminalize a pregnant person experiencing a pregnancy loss,” said Samantha Lee, staff attorney with National Advocates for Pregnant Women. “While many are simply waiting to see whether the U.S. Supreme Court completely overturns or merely guts Roe v. Wade, AG Bonta has taken concrete action to protect the health and rights of all people capable of becoming pregnant.” “This effort by the Office of Attorney General and AG Rob Bonta is a win for the people of California,” said Jodi Hicks, president and CEO of Planned Parenthood Affiliates of California. “Unjust prosecution of people experiencing pregnancy has been documented across the state and the nation since Roe v. Wade, and we are pleased to see Attorney General Bonta do his part to make sure that rogue district attorneys can no longer twist California law to punish pregnant people. Without a doubt, the consequences of criminalizing pregnancy loss disproportionately affect people of color, people with lower incomes, and people living in rural parts of the state. Planned Parenthood looks forward to continuing to work closely with AG Bonta and his office to find ways to implement the recommendations put forth by the California Future of Abortion Council, and more broadly continue to protect and expand access to sexual and reproductive health care, including abortion.”

“Today’s LegalAlert is a powerful affirmation of the principle that people don’t lose their right to equal protection of the law because they can become pregnant,” said Farah Diaz-Tello, senior counsel and legal director for If/When/How: Lawyering for Reproductive Justice. “The recent prosecutions of women who experienced pregnancy losses disregard a legal premise that predates the founding of our nation and continues to the present day in California law: The state is forbidden from punishing people for the outcome of their pregnancies.”

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Adora Perez Chelsea Becker

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