Lawmakers are moving toward closing a loophole in state law that made it impossible to charge a 17-year-old Vernal girl with hiring a man to beat her in hopes of inducing a miscarriage.
"There are a few instances ... where the law, or the interpretation of that law, fails society. This is one of those times," said Rep. Carl Wimmer, R-Herriman. "Society as a whole and justice was left wanting. This bill can clarify that."
The proposed change is a reaction to a story that unfolded in rural Utah in May, when a 17-year-old girl paid Aaron Harrison, a man she'd met at a 7-Eleven, $150 to beat her in hopes of inducing an abortion.
Harrison kicked her in the stomach seven times and bit her neck. The 7-month-old fetus survived and, after being delivered, was placed in state custody.
Harrison was sentenced to five years in prison for his part in the scheme. The girl originally pleaded no contest to solicitation to commit murder. But last week, 8th District Juvenile Court Judge Larry Steele ordered the girl to be released, because under state law a woman cannot be prosecuted for attempting to arrange an abortion.
Wimmer's bill, which was approved by the Legislature's interim Health and Human Services Subcommittee, would remove that protection, and allow prosecutors to charge a woman who arranges an illegal abortion with criminal homicide.
Some expressed concerns about the change, saying that it is vague and could put domestic violence victims in a situation where they could be charged with a crime.
The bill was amended to remove language that would have allowed a pregnant woman to receive the death penalty for arranging an illegal abortion.
Meilssa Bird, executive director of the Planned Parenthood Action Council, said it is also a reaction to a specific case that ignores how the girl got into the situation -- namely inadequate access to birth control and other services.
"The Legislature is reacting to one case that happened in a very rural part of the state and our bigger concern is, 'are they going to address how that woman got in that situation in the first place?' " she said.
Rep. Christine Johnson, D-Salt Lake City, was one of two legislators who voted against the bill during a committee hearing Wednesday. She said it puts the life of an unborn baby ahead of the life of a mother and she cannot support that kind of legislation.
"I feel like it's really reactionary for us to create statute based on one desperate, coerced decision made by a 17-year-old girl," Johnson said.
Senate Minority Leader Pat Jones, D-Holladay, said that she was concerned that Wimmer's bill would do nothing to hold a father accountable if he were involved in arranging an illegal abortion.
"If you have a male who has coerced her to perform this procedure, I'm concerned that the male is unpunished," she said. "We're leaving the male totally out of this when in fact he should have equal responsibility."
Gayle Ruzicka, president of the Utah Eagle Forum, supported the bill, saying that not prosecuting the Vernal teen sends a message that her actions were acceptable.
"This is a very violent act," Ruzicka said. "We wouldn't ever allow something like this to happen to an animal."
A representative of the Utah Attorney General's office said the office does not oppose the bill and believes it is defensible, but did not say if the office supported the bill.

