ACLU of South Dakota Opposes Bill to Criminalize People for Receiving Abortion Care

Abortion is illegal in South Dakota except to save the life of the pregnant person, with violations classified as a Class 6 felony for providers. While the law targets those who perform or induce abortions, it does not currently criminalize people for obtaining them.

But that’s exactly what some anti-abortion lawmakers want to do.

The ACLU of South Dakota opposes House Bill 1212, legislation that would allow criminal prosecution of people who receive abortion care.

“Pregnancy outcomes should not be criminalized,” said Samantha Chapman, ACLU of South Dakota advocacy manager. “By introducing House Bill 1212, these lawmakers are once again playing politics with our health care. As we continue to work toward a world where everyone can get the reproductive health care they need, we won’t back down from defending the rights and dignity of individuals to make decisions about their bodies and their futures.”

South Dakota lawmakers have long said they do not want to punish people from seeking abortion and would rather place the legal repercussions on the health care providers who administer abortions. In fact, in 2023, the South Dakota legislature passed House Bill 1220, legislation that would ensure pregnant people who receive abortion care would not be criminally liable. Even organizations opposed to legal abortion, including South Dakota Right to Life, supported that bill.

The ACLU has a long history of defending both the right to reproductive freedom and the rights of people targeted by criminal punishment systems.

The effects of criminalizing people who seek abortion fall hardest on women and people with low-incomes, people of color, young people, and other marginalized communities who are more likely to suffer the health, economic and life consequences of being forced to continue a pregnancy to term. As with criminal law enforcement in general, the people who are most likely to be investigated and prosecuted are Black, Brown, and those with low incomes. South Dakota already incarcerates women at a higher rate than any other state, according to the Prison Policy Initiative. The South Dakota Department of Corrections reports that Native American women make up 61 percent of the state’s prison population.

---

About the ACLU of South Dakota
The American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.

The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ+ and Two Spirit communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.