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The State Law Library cannot tell you what a law means for your situation.

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Criminal Penalties

Texas Law

Texas law contains several criminal penalties related to providing abortions.

Note The patient who obtains an abortion is rarely at risk of criminal penalties under Texas's statutes. More often, the criminal penalties apply to the person performing the abortion.

Laws in Effect Prior to the Activation of the "Trigger Law"

Section 171.018 of the Texas Health and Safety Code
This section makes intentionally performing an abortion without providing the required sonogram and informational materials a misdemeanor offense.
Section 171.0031 of the Texas Health and Safety Code
This section makes it a class A misdemeanor for a physician to perform an abortion without holding admitting privileges to a hospital within 30 miles.
Note: these restrictions were found to be an "undue burden" on abortion access by the Supreme Court in Whole Woman's Health v. Hellerstedt, 579 U.S. 582 (2016).
Section 171.065 of the Texas Health and Safety Code
This section makes providing a medical abortion in violation of Subchapter D of this chapter a state jail felony.
Section 171.103 of the Texas Health and Safety Code
This section makes performing a "partial-birth" abortion as described in Section 171.102 a state jail felony.
Section 171.153 of the Texas Health and Safety Code
This section makes performing a "dismemberment" abortion as described by Section 171.151 a state jail felony.
Section 173.007 of the Texas Health and Safety Code
This section makes it a class A misdemeanor to solicit donations of human fetal tissue.
Section 245.011 of the Texas Health and Safety Code
A physician who fails to report performing an abortion as required by this section commits a class A misdemeanor.
Section 48.03 of the Texas Penal Code
This section makes buying or selling or attempting to buy or sell fetal tissue a state jail felony. It includes some exceptions for research or criminal investigations.

Laws Taking Effect with the Activation of the "Trigger Law"

For more details about what the "trigger law" is and what it means, please see the "Trigger Laws" page.

Section 170A.003 of the Texas Health and Safety Code
This section specifically protects the patient who obtains an abortion from civil, criminal, or administrative liability.
Section 170A.004 of the Texas Health and Safety Code
This section makes performing or attempting an abortion a first or second degree felony.
Texas Revised Civil Statutes 4512.1-.6
Sections 4512.1-.4 and .6 were found to be "implicitly repealed" by a 5th Circuit Court decision in 2004 related to the original Roe v. Wade ruling. However, they were never formally repealed and removed from the statutes. After the Dobbs ruling, Attorney General Ken Paxton stated that they could be enforced. These laws create some criminal penalties for performing abortions or providing the means for abortions.

Texas State
Law Library

Abortion Laws

Criminal Penalties

Texas Law

Laws in Effect Prior to the Activation of the "Trigger Law"

Laws Taking Effect with the Activation of the "Trigger Law"