A 31-year-old woman from Georgia has been charged with murder following allegations that she used drugs to carry out an illegal abortion.
If prosecutors decide to pursue these charges, it would mark one of the first instances of a woman facing murder charges linked to abortion since Georgia enacted a law in 2019 that restricts most abortion procedures.
The arrest warrant details that medical staff concluded Moore was over six weeks pregnant based on indicators that the fetus had a heartbeat and she was experiencing respiratory issues.
Advocates, like Dana Sussman from the group President Justice, expressed their concerns, stating that “no one should face criminal penalties for having an abortion.” Sussman labeled Moore’s case an unprecedented situation.
Records indicate that Moore sought medical attention on December 30 due to abdominal pain.
In the warrant acquired by local police in Kingsland, about 100 miles south of Savannah, she admitted to taking misoprostol—commonly used for medical abortions—and oxycodone, a pain medication.
The investigation revealed that the fetus lived for approximately an hour after being delivered at the hospital. Reports mention that Moore told a nurse, “I am the one who had the abortion, and I know my child is suffering. I want him to die.”
Under Georgia law, abortions are prohibited once fetal heart activity is detected, usually around the six-week mark, often before many women realize they’re pregnant.
Moore has been held in custody in Camden County since March 4, facing charges of murder and illegal drug possession.
Increase in Criminal Charges Against Pregnant Women Since Roe v. Wade Overturn
A 2024 study revealed that at least 210 women were charged with pregnancy-related offenses across the U.S. in the year following the Supreme Court’s decision to overturn Roe v. Wade, with this being the highest number recorded by the group in any one-year span. Most cases pertained to allegations of substance abuse during pregnancy.
Attempts to reach Moore’s mother for comment were unsuccessful. A representative for the Georgia Council of Public Defenders confirmed that they are representing her but provided no additional information.
Moore’s legal team is seeking bail and a prompt trial, as stated in court records, and a hearing is set for Monday.
Ultimately, the decision to file murder charges against Moore will depend on District Attorney Keith Higgins, who must secure an indictment from a grand jury. Contact attempts to Higgins went unanswered.
Concerns Raised About Georgia’s Abortion Law Leading to Murder Charges
According to the warrant, medical documentation suggests Moore was between 22 and 24 weeks pregnant, and the fetus was deemed viable. The language in the reports referred to the fetus as “a human being who was born alive and survived for an hour.”
Georgia’s legislation stipulates that once heart activity is detected, the fetus is regarded as a person. Attorney Andrew Fleischman, who does not represent Moore, noted that this legal framework could enable the state to push for murder charges against women who intentionally terminate pregnancies after heartbeat detection.
Fleischman, anticipating difficulties ahead, remarked, “I think they can do it. I’d be surprised if they pulled it off.”
On the other hand, Elizabeth Edmonds from Georgia Life Alliance criticized the notion that the charges derive from the 2019 abortion law, arguing it misrepresents the situation and fails to accurately depict the reasons behind the charges. Edmonds supported the murder allegation, particularly due to Moore’s alleged illegal acquisition and use of opioids before the baby’s demise.
Coroner Declares Death Not a Homicide
Toxicology screenings indicated the presence of oxycodone in the fetus, though misoprostol is typically not detectable through these tests. Moore claimed she sourced the abortion medication online and received the opioids from a family member, according to law enforcement.
The Camden County Coroner noted that the hospital was contacted to handle the remains, and the Georgia Bureau of Investigation chose not to conduct an autopsy, stating the fetus had been delivered in a hospital setting.
The medical examiner concluded that the death was not classified as a homicide, with the exact cause and manner of death still unknown.
In addition to the murder charge, Moore faces allegations of possessing oxycodone without a prescription, as well as possession of misoprostol, which is a controlled drug used for abortions. The FDA has approved the combination of misoprostol and mifepristone for use during the first ten weeks of pregnancy, and misoprostol can also be applied alone for later abortions if necessary.
In a related note, Louisiana classified mifepristone and misoprostol as regulated hazardous substances in 2024, with similar proposals emerging in other states but not yet finalized elsewhere.
