The law requires private citizens to file civil suits against providers or anyone who knowingly engages in conduct that aids or abets an abortion for $10,000 in damages. The bill does not allow people to sue the person who actually has the abortion and makes exceptions for later-term abortions in the case of medical emergencies, rape, and/or incest. West Virginia; the existing law states that any person who shall administer to, or cause to be taken by, a woman, any drug or other thing, or use any means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and shall thereby destroy such child, or produce such abortion or miscarriage, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than ten years; and if such woman dies by reason of such abortion performed upon her, such person shall be guilty of murder. No person, by reason of any act mentioned in this section, shall be punishable where such act is done in good faith, with the intention of saving the life of such woman or child. The State has also already approved a constitutional amendment that specifies, that nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion. Wisconsin; the law from 1849 makes abortion a felony offense and makes no exception for rape, incest, or the health of the mother. The language of the law, however, allows a woman to legally destroy her fetus or embryo and allows for an abortion if an individual were about to die as a result of the pregnancy. If a doctor were to perform an abortion otherwise, they could be charged with a felony and face up to six years in prison and $10,000 in fines. The State of New Mexico also had pre-Roe legislation that made abortions illegal unless for justified medical termination or if the pregnancy is likely to result in the death or grave impairment of the physical or mental health of the mother, or if the child will have a grave physical or mental defect, or if the pregnancy was the result of rape or incest. The State legislature, however, passed the Respect New Mexico Women and Families Act, which repealed the pre-Roe legislation and so there exist no restrictions on abortions. Spokespersons state that the right is already protected through other legislative provisions like the right to privacy and the Equal Rights Amendment but there exists no official legal protection for abortion rights leaving these rights unprotected. Aside from New Mexico, there are 3 other states where abortion access may continue to be accessible but is not protected by the state and district law: New Hampshire; the State repealed its pre-Roe ban in 1977 and there exists no express provision restricting access to abortion. However, the Right to Privacy under the New Hampshire Constitution recognizes that an individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent. However, it is not clear whether this right extends to abortion access or not. Puerto Rico; the State repealed its pre-Roe ban in 2011 but generally prohibits abortions except when it's ‘therapeutic’ and to ‘preserve the health or life’ of the pregnant individual.
