What do we mean when we say something may come with “legal risk?”

“Legal risk” is a term we use when the law and/or enforcement of it is complicated. We know it can sometimes lead to more questions than answers. The goal of this article is to try to share some general information so people can better assess their own risk and decide what’s right for them.

“Legal risk” does not mean something is against the law, but what the law says can be different than what happens in reality.

When it comes to abortion bans, most laws specifically say the pregnant person can’t be criminally charged. Self-managed abortion, or ending your own pregnancy, isn’t a crime in any state (except past 24 weeks in Nevada). But, just because something isn’t a crime doesn’t mean you can’t be harassed or arrested by law enforcement (even in “safe” places like California).

“Legal risk” also doesn’t mean you will definitely get into trouble - many, many people choose to end pregnancies in whatever way feels right to them and no one ever knows about it.

Most people take “legal risks” all of the time, like speeding, jaywalking, or smoking weed. You make decisions about risk every day without really thinking about it.

“Legal risk” doesn’t inherently mean criminalization. We’ve seen people who have self managed their abortions be harassed by police, child protective services, and/or immigration. Even if no criminal charges are filed, that harassment can be a scary, traumatic, and potentially life altering experience.

Legal risk depends on many things (like race, zip code, socioeconomic status, immigration status). Everyone’s risk is different and can depend on who you are and what is going on in your life. Your risk tolerance is also very personal and can change over time.

How can I protect myself and my privacy?

The best thing you can do is be careful who you share information with. People arrested for self-managed abortions or miscarriages have been reported by healthcare professionals, family, or friends. It’s only after being reported that digital evidence (from their phones or computers) is then used to build a case against them. Review our privacy guide for more information on digital safety.

We want to acknowledge - that sucks, it isn’t fair, and shouldn’t be the case. You should be able to share your abortion experience and story with anyone and everyone you want to 💜

If you have any questions or want to talk about risk specific to you and your life, you can call the Repro Legal Helpline at 844-868-2812 to talk with a lawyer.

Check out our other articles that relate to legal risks:

Is abortion legal in my state?

Can I travel to another state for an abortion?

Can I get an abortion if I’m under 18?

What if I go to the emergency room after an abortion or for a miscarriage?

How can my immigration status affect abortion access?

A Sex Worker's Guide to Navigating Abortion