Dobbs Impact: Medium.
Page Updated: July 13, 2022
Are reproductive rights protected in the state constitution? No.
Is there a state law criminalizing abortion? Yes. Mo. Rev. Stat. § 188.017.
“[N]o abortion shall be performed or induced upon a woman, except in cases of medical emergency. Any person who knowingly performs or induces an abortion of an unborn child in violation of this subsection shall be guilty of a class B felony, as well as subject to suspension or revocation of his or her professional license by his or her professional licensing board. A woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate the provisions of this subsection.”
Also see Mo. Rev. Stat. § 188.075: “Any person who . . . knowingly performs, induces, or aids in the performance or inducing of any abortion or knowingly fails to perform any action required by sections 188.010 to 188.085 shall be guilty of a class A misdemeanor, unless a different penalty is provided for in state law, and, upon conviction, shall be punished as provided by law.”
Is there pending legislation that would impact reproductive rights?
S.B. 1178 creates a new offense of “trafficking abortion-inducing drugs” when a person or entity “knowingly imports, exports, distributes, delivers, manufactures, produces, prescribes, administers, or dispenses” or attempts to do any of the previous actions. This is a class B felony. Also prohibits out-of-state wholesale drug distributors, out-of-state pharmacies, drug outsources, or third-party logistics providers from knowingly delivering an abortion-inducing drug within the state of Missouri.
S.B. 1202 would add a new section 188.550, which would extend all civil and criminal Missouri abortion law (including those for those who perform abortions or attempt/conspire to perform or induce an abortion on another) to conduct not only within the state, but “partially within and partially outside the state,” which includes when an abortion drug is administered within the state; an abortion is performed or induced outside the state, if the conduct “creates a substantial connection with the state”; a person maintains residence or principal place of business within the state, or the woman (or fetus) is a resident of the state, which includes children conceived by sexual intercourse that occurred within the state or the mother sought prenatal care or services within the state during the pregnancy.
Is there current law or pending legislation regarding aiding/abetting liability?
Mo. Rev. Stat. § 188.075: "Any person who . . . knowingly performs, induces, or aids in the performance or inducing of any abortion or knowingly fails to perform any action required by sections 188.010 to 188.085 shall be guilty of a class A misdemeanor, unless a different penalty is provided for in state law, and, upon conviction, shall be punished as provided by law." Yes (pending legislation). S.B. 778 would amend Mo. Rev. Stat. § 188.910 to create a civil action against anyone who: “(2) Knowingly engages in conduct that aids or abets the performance or induction of an abortion, including paying for reimbursing the costs of an abortion through insurance or otherwise, if the abortion is performed or induced in violation of section 188.909, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of section 188.909; [OR] (3) Intends to engage in the conduct described by subdivision (1) or (2) of this subsection.” Damages are injunctive relief and damages of at least $10,000 for each abortion performed.
H.B. Nos. 1593 & 1959: among specific procedures for infants born alive during an attempted abortion, would provide civil liability for anyone who: “(4) Knowingly aids or abets another person to undergo a self-induced abortion or attempted self-induced abortion or to procure an unlawful abortion or attempted unlawful abortion; . . . (6) Knowingly incites, solicits, or otherwise uses speech or writing as an integral part of conduct in violation of a valid criminal statute to influence another person to undergo a self-induced abortion or attempted self-induced abortion or to procure an unlawful abortion or attempted unlawful abortion.” Self-induced abortion is not defined but could theoretically include mail-order prescriptions or such purpose.
Are there any other state-level post-Dobbs impacts?
Unclear. Aiding statute is vague and unclear if financial support would apply. However, if S.B. 778 is passed, this will create a significant risk for employers attempting to assist employees in procuring out-of-state abortion.