07-04-2025
Proposed Louisiana law would expand definition of ‘coerced abortion'
State Rep. Josh Carlson, right, shown speaking with Rep. Rodney Lyons in the Louisiana House of Representatives, has filed legislation that would update the definition of coerced abortion in state law. (Allison Allsop/Louisiana Illuminator)
A state lawmaker has filed a bill that would significantly expand the definition of 'coerced abortion,' potentially making reproductive health laws in Louisiana even more restrictive.
The proposed legislation, House Bill 425, builds on the existing definition of coerced abortion, first approved in 2018, as one committed by a person who engages in the 'use or threatened use of force, control, or intimidation' against a pregnant woman to compel her to undergo an abortion against her will. The existing law already defines this as a crime 'whether or not the abortion procedure has been attempted or completed.'
Rep. Josh Carlson, R-Lafayette, who authored the bill, proposes replacing the word 'intentionally' with 'knowingly' and removes 'physical' to describe the use of force or intimidation.
The bill also details 18 examples of force, control or intimidation and removes references to outpatient abortion facilities.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Some of the examples of coercion are specific, such as kidnapping or blackmail, but others leave wide room for interpretation.
One example says 'restraint of speech or communication with others' can count as intimidation or control, including 'interference with the use of mail, telephone, or money.' Another cites 'isolation of an individual from others' or 'exploitation of needs for food, shelter, safety, affection,or intimate or marital relationships.'
Michelle Erenberg, who leads the reproductive rights group Lift Louisiana, said Carlson's bill is an attempt to weaponize the law.
'The law already prohibits coercing someone into having an abortion,' Erenberg said in an emailed statement to the Illuminator. 'Expanding the definition of what coercion means to include such broad categories is just another way to weaponize the law against anyone who may be trying to help someone access care. The real problem we should be trying to solve is people being forced by the state to carry pregnancies to term that they don't want or that may threaten their health.'
Carlson's proposal follows last year's creation of the new crime of coerced abortion using an abortion-inducing drug. That legislation made national headlines last year because it included a last-minute reclassification of mifepristone and misoprostol as 'controlled dangerous substances,' making Louisiana the first state to classify these drugs in the same family as addictive painkillers.
While the drugs are used for abortion, they also have many other medical uses including inducing labor and preventing or stopping postpartum hemorrhages.
State Sen. Thomas Pressly, R-Shreveport, who sponsored the abortion drug law, declined to comment on Carlson's bill, saying he had not yet reviewed the legislation.
Earlier this year, a grand jury indicted a Port Allen mother for allegedly giving her minor teen daughter abortion medication. The Illuminator is not identifying the mother to protect her daughter's privacy.
The grand jury also indicted the New York physician who allegedly wrote and shipped the prescription to Louisiana. Gov. Kathy Hochul has cited her state's shield laws and refused to extradite Dr. Margaret Carpenter.
The mother pleaded not guilty in March. Prosecutors have repeatedly claimed she 'coerced' her daughter into taking the abortion medication by threatening to kick her out of the house if she didn't. However, prosecutors notably did not seek an indictment related to the crime of coerced abortion, given the current definition.
The allegations against her are covered under the expanded definition in Carlson's bill because the incident could be considered 'exploitation of needs for shelter.'
Louisiana Right to Life told WWNO-FM its staff helped draft Carlson's bill, claiming it's 'common ground for most Louisianians.' The anti-abortion organization, which also helped draft Pressly's bill, has called the Port Allen case an example of why the definition of coerced abortion needs to be expanded.
Carlson's proposed legislation would punish anyone who commits the crime with a $5,000 fine or imprisonment with or without hard labor for up to five years.
Carlson was unavailable for an interview Monday.
Correction: This report was updated to accurately reflect the criminal charges against the Port Allen woman.
SUPPORT: YOU MAKE OUR WORK POSSIBLE
