Idaho Governor Outlaws Trafficking of Minors to Other States for Secret Abortions

Brad Little
Otto Kitsinger/AP, Nathan Posner/Anadolu Agency via Getty Images

Idaho Gov. Brad Little (R) signed a bill on Wednesday that bars adults from transporting pregnant minors within the state for the purpose of obtaining an abortion without the knowledge and consent of parents or guardians. 

The bill, HB 242, outlaws “abortion trafficking,” which it describes as: “an adult who with the intent to conceal an abortion from the parents or guardian of a pregnant, unemancipated minor, either procures an abortion, as described in section 18-604, 18 Idaho Code, or obtains an abortion-inducing drug for the pregnant minor to use for an abortion by recruiting, harboring, or transporting the pregnant  minor within this state commits the crime of abortion trafficking.”

Little, in a letter announcing his signing of the bill, stated that HB 242 “does not criminalize, preclude or otherwise impair interstate travel, nor does it limit an adult woman from obtaining an abortion in another state.”

Rather, the ‘abortion trafficking’ provision in the bill seeks only to prevent unemancipated minor girls from being taken across state lines for an abortion without the knowledge and consent of her parent or guardian,” Little wrote.

Anyone guilty of trafficking a minor for an out-of-state abortion would face two to five years in prison according to the bill which goes into effect 30 days after the governor’s signing.

The law is modeled on a portion of a post-Dobbs model law created by the pro-life group National Right to Life, according to LifeNews.

“HB 242 protects parents’ rights to be involved in their minor daughter’s decision,” said Carol Tobias, president of National Right to Life. “No minor daughter should be without her parents’ guidance and HB 242 would protect the right of parents. Parents have the right to love their daughter and be there for her in her time of need. No one should take that away.”

Right to Life of Idaho also supports the bill, telling the outlet that it is “aware of at least one verified Idaho case of a pregnant minor being taken out of state for an abortion without her parent’s knowledge or consent.” 

“In a related issue, records indicate that there were at least 9 reported cases of minors involved in human trafficking for sex in Idaho in 2021 alone,” the organization said. “These are just the reported cases. If a minor being trafficked for sex becomes pregnant that is considered a liability for the person(s) trafficking her. Abortion trafficking then becomes the only option for them.”

Planned Parenthood Alliance Advocates bemoaned the bill’s passing and called the legislation “despicable.” 

Yet again, Idaho’s governor disregarded constituents and signed HB 242 into law, creating the nation’s first crime of so-called “abortion trafficking.” “This legislation is despicable, and we’re going to do everything in our power to stop it,” Planned Parenthood Alliance Advocates said on Twitter.

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