Abortion Ban

NEAR-TOTAL

Vermont has not repealed its pre-Roe abortion ban, which is unconstitutional and unenforceable.

The ban provides that any person who willfully administers anything to a pregnant woman, or employs or causes to be employed any means with the intent to cause an abortion not necessary to preserve the woman's life will be imprisoned from three to ten years.  Vt. Stat. Ann. tit. 13, § 101 (Enacted 1846; Last Amended 1971).

This provision criminalizing performing an abortion was held unconstitutional as applied to physicians.  Beecham v. Leahy, 287 A.2d 836 (Vt. 1972).

Pursuant to a 1981 amendment that is likely unconstitutional and unenforceable, any person who knowingly publishes any information about abortion services will be imprisoned for three to ten years, and any person who distributes anything for the purpose of causing abortion will be imprisoned from one to three years and fined from $200 to $500.  Vt. Stat. Ann. tit. 13, § 104 (Enacted 1867; Last Amended 1981).