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Fact check: In several states in the US, if a women miscarried, she can be charged with murder

Checked on January 26, 2025

1. Summary of the results

The statement is fundamentally accurate but requires significant context. Multiple sources confirm that women in several US states can and have faced criminal charges following miscarriages or stillbirths [1] [1] [1]. This occurs particularly in states like South Carolina, Georgia, Ohio, Arkansas, Texas, Mississippi, and Oklahoma [1]. The trend has significantly increased since the Dobbs decision, with a record 210 pregnancy-related prosecutions documented in a single year - the highest number since tracking began in 1973 [2].

2. Missing context/alternative viewpoints

Several crucial contextual elements are missing from the original statement:

  • Historical Context: From 1973-2020, over 1,600 cases of "forcible intervention" against pregnant women have been documented, with approximately 1,200 occurring in the last 15 years [3].
  • Specific Circumstances: Charges typically arise from:
  • Failure to seek immediate medical treatment
  • Lack of prenatal care
  • Improper disposal of fetal remains
  • Drug use during pregnancy [1] [3]
  • Demographic Impact: These prosecutions disproportionately affect women of color, as exemplified by the case of Brittney Poolaw, a Native American woman convicted of manslaughter after a miscarriage [3].
  • Legal Landscape: Since Roe v. Wade was overturned, abortion has become illegal in 13 states, giving states broader authority to restrict reproductive rights [4].

3. Potential misinformation/bias in the original statement

The original statement, while technically accurate, oversimplifies a complex issue:

  • It doesn't specify that charges usually stem from specific circumstances rather than miscarriage alone [1].
  • It fails to acknowledge the significant increase in such prosecutions following the Dobbs decision [2].
  • It doesn't mention the racial and socioeconomic disparities in how these laws are enforced [3].

Those benefiting from this oversimplification might include:

  • Political groups seeking to minimize the impact of post-Roe legislation
  • Law enforcement agencies justifying increased surveillance of pregnant women
  • State legislators pushing for stricter reproductive control measures
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