The fetal protection law makes it illegal to intentionally or recklessly injure, harm, or kill an unborn child, even as early as conception, but there are exceptions to the rule.
"One exception is the mother of the child can not be charged with that offense and so the mother is still protected from injuring an unborn child at will. The second protection is if it is done by a physician in accordance with a lawful medical procedure," said Brazos County District Attorney, Bill Turner.
Turner says that's why the Lufkin mother who admits to seeking her boyfriend's help to miscarry can not be charged with a crime. He says he's not quite sure why legislators decided to give mothers absolute protection from facing criminal charges under the law.
The ultimate goal of the law is to protect unborn babies, but doctors who perform legal abortions are also protected.
" The question becomes though at what point is an abortion deemed unlawful and that's where, in my opinion, there's going to be room for controversy," said Turner.
Coalition for Life says the fetal protection law is a step in the right direction, but no one should be exempt from killing an unborn child.
" I believe the law does help unravel the pro-choice argument . How can a mother at home and her boyfriend kill a child and that's considered a crime, but a woman and her boyfriend can go to Planned Parenthood and kill her child legally, quote-unquote, and that is considered a choice," said Marilisa Carney with Coalition for Life.
Planned Parenthood say situations like the one in Lufkin could have been prevented if the parents were better educated about their options. But all sides can agree on one thing.
" It's a good step in the right direction to protect more individuals from being harmed, especially innocent individuals in the womb," said Carney.
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