Utah's Senate has taken an uncomfortable step by passing HB0012, a bill that will criminalize any "intentional, knowing or reckless act of the woman" who is pregnant that results in the death of an unborn child.
The wording is intended to address the issue of illegal and/or unintentional abortion acts that result in death. This is proving to be something of a hot-button issue for many people, understandably. The biggest question, for better of worse, that has been brought forth is whether the term "reckless" should be included in the bill as an identifying factor for criminal homicide.
What is the legal definition of reckless?
According to legal dictionaries, it is written as "in both negligence and criminal cases, careless to the point of being heedless of the consequences."
When addressing issues like reckless driving, we can see where this definition comes from and how it could be applied. When discussing the death of an unborn child, there are worries that it could create a large gray area.
Utah Democratic Sen. Luz Robles brought this issue to the attention of her peers and the writers of the bill in the hopes of amending the wording. The concerns that were brought forth included whether or not this new application of the term "reckless" could be seen as a way to prosecute women who remain in abusive situations that lead to miscarriages.
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