Utah Abortion Ban: Making it a Crime to Miscarry?

How many times have we heard on the news of a women who purposefully committed some act to induce an abortion?  Many of us remember hearing last year of a teen that paid someone to beat her, hoping that it would cause a late term abortion.  Recently, we heard of a girl who threw herself down the stairs hoping to miscarry. Luckily, the child was born healthy, the boy who beat this girl was charged, but the mother walked away free.  I can't tell you what is right or wrong, but I can tell you what I think is wrong.  This is insane!  I think these people definitely should be punished for their actions. 

A controversial abortion bill in Utah, through a loophole, may address some of these "crimes."
As ABC reports though, "critics argue that allowing homicide charges if a woman's "reckless behavior" causes the unborn child to die opens up the possibility that prosecutors could seek a murder conviction against women who miscarry after not wearing their seatbelts or returning to a partner who has a history of physical abuse."

Well, this sounds a little ridiculous to me.  For those of you that have been following me for a while, you know that I am an attorney, albeit not a full time hard core, live or die attorney...but eh, I went to law school. There are different standards that have to be met for different laws.  In this case, a reckless standard would have to be met.  This would be a "reckless disregard for human life."  It is not negligence, something that a reasonable person would not do.  Recklessness is a higher standard.  Many are saying that this bill would open too many cases.  What if a women returns to her abusive husband?  What if a women goes ice skating and falls and her baby miscarries?  Well, yes, there is some argument here but recklessness is when you know the threat exists and you do it anyway, but it has to be an unjustifiable risk.  An abused women doesn't actually know the threat exists a lot of the time.  And the ice skating example, I wouldn't call this reckless...I am sure many a pregnant women have gone ice skating.  On the other hand, you wouldn't have someone beat you, or throw yourself down the stairs...because yes, there is an unjustifiable risk there.

This bill has no passed yet, but we will hear by March 8th.  I am hoping that it passes, but of course, a few kinks do have to be worked out, I'm sure.  I would love to hear your opinions.