Retroactive Abortion Law Limits

Summary

Ex post facto laws in the U.S. Constitution prevent retroactive prosecution for actions that were legal when committed. This means a woman cannot be prosecuted for having an abortion when it was legal, even if a state later reclassifies abortion as homicide. Such laws cannot apply retroactively, regardless of changes in statute of limitations or effective dates.

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Even if there’s no statute of limitations
In Indiana, and generally in the United States, the Constitution prohibits ex post facto laws. This means someone cannot be prosecuted for an act that was legal at the time it was committed, regardless of any changes in law or statute of limitations later on. Would you like more information on how ex post facto laws work?
Yes
Ex post facto laws are prohibited by Article I, Section * of the U.S. Constitution. This means:
- Laws cannot criminalize actions that were legal when committed.
- Laws cannot increase punishments retroactively.
- Laws cannot change rules of evidence to convict someone retroactively.
If you have further questions on this topic, feel free to ask!
So if Indiana passed a law that reclassifies abortion as homicide, it could only apply going forward?
Case Rating: *
Yes, if Indiana or any state passed a law reclassifying abortion as homicide, it would only apply going forward. Ex post facto laws prohibit retroactive prosecution for actions that were legal at the time they were committed. If you have any more questions or need further clarification, feel free to ask!
So if the effective date is July *, it couldn’t be retroactive unless stated?
Case Rating: *
Correct, if a law has an effective date of July *, it could not apply retroactively unless explicitly stated. However, even with such a statement, ex post facto laws would still prevent retroactive prosecution for actions that were legal when committed.
If you have more questions, feel free to ask!