State v. J.M.S.

On Certification from the Utah Court of Appeals

Chief Justice DURHAM,

opinion of the Court:

INTRODUCTION

[1 We must decide whether the juvenile court erred in concluding that a minor's alleged solicitation of a stranger to punch her and terminate her pregnancy qualifies as an abortion, as the term is defined in the Utah Code. The juvenile court held that an assault of a woman by punching her stomach was a "procedure" intended to terminate her pregnancy and therefore fell within the statutory definition of "abortion." Because a woman cannot be held criminally liable for seeking an abortion, the…