Abortion is a sensitive and highly debated topic across the country, and the laws are particularly strict in Kentucky. In most cases, abortion is not allowed under state law, and those involved could face serious legal consequences. Whether you’re someone seeking medical care or a provider accused of violating the law, it’s important to understand your rights and the current legal landscape in Kentucky.

Here’s what you need to know about how Kentucky handles abortion from a criminal law perspective.

As of now, abortion is mostly banned in Kentucky. This is due to a trigger law that went into effect after the U.S. Supreme Court overturned Roe v. Wade in 2022. The state law bans nearly all abortions except in situations where the pregnant person’s life is at risk.

There are no exceptions for cases involving rape or incest under current law. The only legal abortion allowed is one that is necessary to prevent the death or serious injury of the pregnant person. Even then, the situation must meet specific medical standards, and the doctor must be able to prove it was an emergency.

What Charges Could Someone Face?

Violating Kentucky’s abortion law is a Class D felony, which carries penalties of 1 to 5 years in prison. Doctors and medical professionals who perform or assist in an illegal abortion could be prosecuted under this law.

It’s worth noting that pregnant individuals themselves are not charged under the current statute. The law focuses on penalizing providers, not patients. Still, anyone else who plays a role in helping someone obtain an illegal abortion could potentially face criminal charges.

What About Abortion Pills?

Using or possessing abortion pills like mifepristone and misoprostol is also tightly restricted in Kentucky. Generally speaking, the state bans medication-induced abortions just like surgical ones. Ordering these pills online or helping someone obtain them could also lead to criminal charges, especially if prosecutors believe it was done with the intent to violate the law.

That said, these cases can be legally complex, especially when federal and state laws conflict. If someone is being investigated or charged for something involving abortion pills, it’s important to speak with a criminal defense attorney right away.

What Are My Rights if I’m Being Investigated or Charged?

If you’re under investigation or facing charges connected to Kentucky’s abortion laws, you still have rights. 

These include:

  • The right to remain silent and not incriminate yourself
  • The right to have an attorney present during questioning
  • The right to a fair and speedy trial
  • The right to challenge the evidence brought against you

It’s also your right to understand the law fully and to have legal representation that will fight for you. These cases often involve deeply personal and political issues, but that doesn’t change the fact that you are presumed innocent until proven guilty.

Contact the Kentucky Criminal Defense Lawyers at Suhre & Associates DUI and Criminal Defense Lawyers for Help Today

Abortion-related charges are extremely serious in Kentucky, and the consequences can affect your entire future. Whether you’re a doctor, nurse, or someone who’s been caught in the middle of a difficult situation, you need strong legal guidance from someone who understands both the law and the courtroom.

If you’re facing criminal charges or think you may be under investigation, don’t wait to get legal help. Reach out to an experienced Kentucky criminal defense attorney at Suhre & Associates DUI and Criminal Defense Lawyers today to protect your rights and explore your legal options.

Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A,
Louisville, KY 40202

(502) 371-7000