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re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortions

Posted on 9/2/23 at 3:27 am to
Posted by RedCali714
Costa Mesa, California
Member since Oct 2022
2027 posts
Posted on 9/2/23 at 3:27 am to
Negative.
Posted by RedCali714
Costa Mesa, California
Member since Oct 2022
2027 posts
Posted on 9/2/23 at 3:28 am to
Same and agreed.
Posted by wackatimesthree
Member since Oct 2019
4447 posts
Posted on 9/2/23 at 3:42 am to
quote:

I thought the US had a way to go after sex tourists who go to other countries so they can screw kids. Is that just something we looked at doing or has it been done?


Good question. I don't know the answer to that.

EDIT: Looks like that law is in effect. So good point. The AG may have a legal precedent to stand on after all, although I think it's a really bad idea.
This post was edited on 9/2/23 at 3:49 am
Posted by rooster108bm
Member since Nov 2010
2919 posts
Posted on 9/2/23 at 7:30 am to
Alabama Code Title 13A. Criminal Code § 13A-4-4
A conspiracy formed in this state to do an act beyond the state, which, if done in this state, would be a criminal offense, is indictable and punishable in this state in all respects as if such conspiracy had been to do such act in this state.
Posted by Azkiger
Member since Nov 2016
21965 posts
Posted on 9/2/23 at 7:39 am to
quote:

Alabama baws planning certain types of hunting trips in another state might need to reflect before celebrating this.


They seem to be going after those providing transportation, not the women having the abortion.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425880 posts
Posted on 9/2/23 at 7:43 am to
quote:

The conspiracy happens in Alabama.

The conspiracy to do something legal (in another state)?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425880 posts
Posted on 9/2/23 at 7:44 am to
quote:

Especially when the argument has been that its a state vs federal issue.

Well that was always mostly bullshite as a way to backdoor national rules via a small handful of zealous states
This post was edited on 9/2/23 at 7:45 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425880 posts
Posted on 9/2/23 at 7:46 am to
quote:

You never realize until you read these threads how many trashy pieces of shite get bent out of shape because they can’t murder babies or help other people murder them.

Or, some people just like the Constitution and states rights, and laugh at clever attempts to attack both?

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425880 posts
Posted on 9/2/23 at 7:47 am to
quote:

Or a New York A.G. prosecuting a New Yorker who went to Kentucky to shoot machine guns?


THIS is what they don't see. This backdoor will all but eliminate the 2nd Amendment, too.
Posted by Azkiger
Member since Nov 2016
21965 posts
Posted on 9/2/23 at 7:47 am to
quote:

That is what my whole post ultimately boils down to.

When does the first step of an abortion occur? It could be argued that when travel plans are made and when medical appointments are made, the first steps of an abortion have occurred. And abortion is illegal in Alabama. So thus steps have been made to commit a crime if such planning occurred while in Alabama.

The three basic categories of inchoate are attempt, solicitation, and conspiracy. So, thank you for supporting the argument that an inchoate crime occurs when an abortion is planned and scheduled, thus being attempted. Also thank you for supporting my argument that when multiple parties work together to orchestrate an abortion, they are guilty of conspiracy to commit a crime. Which is exactly what the original quote says.

If you are standing inside the borders of Alabama and make an appointment for an abortion to be performed, and then also arrange all travel, are you in the process of receiving or providing an abortion? It could be argued very logically that yes, one is in the process of an abortion. And if all this happened while physically in the state of Alabama, and since abortion is illegal in Alabama, is one guilty of a crime? Inchoate would seem to indicate yes.

That is what this all boils down to.

Thank you for supporting my argument.


I agree with the above, but I think there are easy work arounds.

All these groups have to do is "plan" out of state counselor/advisor meetings about your pregnancy. The woman will leave the state not to get an abortion *wink wink*, but to relieve advice on said pregnancy. While in the state where abortion is legal, she can then choose to start the abortion process by making an appointment.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425880 posts
Posted on 9/2/23 at 7:48 am to
quote:

So if prostitution is legal in Nevada and I "conspire" to travel to Nevada from Alabama to hire a hooker, am I guilty of soliciting a prostitute in Alabama?

Not only that, but also sex trafficking, likely.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425880 posts
Posted on 9/2/23 at 7:49 am to
quote:

They’re conspiring in Alabama to murder them elsewhere.

But it's not "murder" elsewhere, so where is the crime underlying the conspiracy?
Posted by rooster108bm
Member since Nov 2010
2919 posts
Posted on 9/2/23 at 7:50 am to
Should an Ag enforce his states laws?
Posted by Azkiger
Member since Nov 2016
21965 posts
Posted on 9/2/23 at 7:54 am to
quote:

Not only that, but also sex trafficking, likely.


Age of consent in Nigeria is 11.

Would it be OK to plan/organize a trip to Nigeria with the intent to have sex with an 11 year old while here in the US?
Posted by boosiebadazz
Member since Feb 2008
80580 posts
Posted on 9/2/23 at 7:55 am to
quote:

A conspiracy formed in this state to do an act beyond the state, which, if done in this state, would be a criminal offense, is indictable and punishable in this state in all respects as if such conspiracy had been to do such act in this state


Planning a trip to Colorado to smoke weed?

Planning a trip to Vegas to gamble?

Planning a trip to Vegas to frick whores at the Bunny Ranch?

That law needs to face constitutional muster.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
28130 posts
Posted on 9/2/23 at 7:57 am to
Jeff Landry is now in 2nd place for stupid state AGs.

Posted by rooster108bm
Member since Nov 2010
2919 posts
Posted on 9/2/23 at 7:59 am to
quote:

That law needs to face constitutional muster.


I agree. But the AG is following the law as its written.

Posted by Azkiger
Member since Nov 2016
21965 posts
Posted on 9/2/23 at 8:01 am to
quote:

I agree. But the AG is following the law as its written.


Selectively, it would seem. Do they have a history of prosecuting this sort of crime outside of abortion?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425880 posts
Posted on 9/2/23 at 8:05 am to
quote:

If some guys and I makes plans in my garage in AL to rob a bank in MS,

That is a crime in MS

The abortion wouldn't be a crime in this scenario
Posted by rooster108bm
Member since Nov 2010
2919 posts
Posted on 9/2/23 at 8:05 am to
quote:

Selectively, it would seem. Do they have a history of prosecuting this sort of crime outside of abortion?


Are they prosecuting people who go smoke weed, prostitution etc, no.

If sent you money to purchase a firearm so you could commit murder in another state should I be charged with conspiracy in my state?
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