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Abortion Term Paper

 

Wade granted women a "negative" right instead of a "positive" one. It is seen as a negative right because while the decision does grant them legality of an abortion it does not guarantee that they will be able to obtain one. For example many states have parental consent laws for minors seeking an abortion. Also doctors are not required to perform the procedure and do not have to advise you to wear you can have the procedure done.
             New York State is a State that has the fewest restrictions on abortion laws. However there are some restrictions. According to the New York Penal Law under Article 125(Homicide, Abortion, and Related offenses) as obtained from the Internet site http://members.aol.com/abtrbng/ny125.hym only a licensed physician can perform an abortion and only when either the life of the mother is in danger or in the first twenty-four weeks of the pregnancy. Abortions can take place after the first twenty-four weeks only when the life of the mother is in danger. Violations of these protocols can result in felony or other criminal charges. Abortion in the second degree is when a person performs an abortional act while not adhering to the legal means of abortion, such as not being a licensed physician. Abortion in the second degree is a class E felony. Abortion in the first degree is when a person, weather a licensed physician or not, performs an abortional act after the first twenty-four weeks of a pregnancy when the mothers life is not in danger. Abortion in the first degree is a class D felony.
             There are also laws against administering self-abortions. Self-abortion in the second degree is when a woman who is pregnant administers abortional acts upon herself. Self-abortion in the second is a class B misdemeanor. Self-abortion in the first degree is when a woman who is past the first twenty-four weeks of her pregnancy administers an abortional act upon herself. Self-abortion in the first degree is a class A misdemeanor.


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