“Illegal Abortion” Laws in Nevada

The overturning of Roe v. Wade does not affect the legal right to abortion in Nevada.

In Nevada, licensed doctors may perform abortions – or prescribe the abortion pill – within 24 weeks post-fertilization. After that, they may perform abortions only in cases of life or health endangerment.

Below our Las Vegas criminal defense attorneys address frequently-asked-questions about illegal abortions in Nevada law.

What is an illegal abortion?

In Nevada, an abortion is illegal if:

• it is performed or prescribed by anyone who is not a licensed doctor or
• it occurs after 24 weeks post-fertilization when the mother’s health or life is not endangered.

Four examples of illegal abortions include:

1. A physician aborting an eight-month-old fetus even though it poses no health risk to the mother.
2. A pregnant woman taking RU486 pills she stole from her pharmacy.
3. A back-alley “healer” inducing an abortion through dangerous herbs.
4. A pregnant woman’s boyfriend performing a wire hanger abortion.¹

Does Roe v. Wade change anything?

The United States Supreme Court overturned Roe v. Wade on June 24, 2022, eliminating the federal constitutional right to abortion. However, this does not affect a woman’s right to abortions in Nevada.

As opposed to several other states, Nevada has no trigger law banning abortion upon the overturning of Roe. Abortion (performed within the parameters of state regulation) is still legal in Nevada.

Nevada abortion rights were enshrined into state law in 1990 through a voter referendum. Only another referendum could dissolve these abortion rights (which seems unlikely). If there is ever a federal law that bans abortion (which also seems unlikely), then the ban would apply to Nevada.²

What are the penalties?

In Nevada, doctors who perform an abortion after 24 weeks when the mother’s health or life is not threatened face misdemeanor penalties of:

• up to 6 months in jail and/or
• up to $1,000 in fines.

Prior to 2019, the now-repealed statute NRS 201.120 made performing illegal abortions a felony.³

Related Offenses

It is a gross misdemeanor in Nevada to either:

• conceal the birth of a baby by disposing of its corpse⁴ or
• advertise goods or services to produce a miscarriage.⁵

Gross misdemeanors carry:

• up to 364 days in jail and/or
• up to $2,000 in fines.

It is considered voluntary manslaughter in Nevada when either:

• a mother aborts her own fetus after 24 weeks without a doctor lawfully performing the procedure or prescribing the abortion pill,⁶ or
• someone willfully kills a viable (“quick”) fetus by injuring the mother.⁷

Voluntary manslaughter is a category B felony, carrying:

• 1 to 10 years in Nevada State Prison, and
• up to $10,000 in fines.

Is it illegal to travel to Nevada for an abortion?

Currently, it is not a crime for people to cross state lines into Nevada in order to receive abortion care.⁸ Since abortion remains legal in Nevada, Nevada is expected to become a sanctuary state for people from states where abortion is now illegal.

Additional Resources

For more information, refer to the following:

• Nevada Department of Health and Human Services: Abortion Information for Nevadans – A state government agency overseeing public health and social services in Nevada.
• Center for Reproductive Rights – A legal advocacy group working to advance reproductive rights worldwide.
• Abortion Finder – A website offering information and resources to locate abortion services.
• Guttmacher – A research and policy organization focused on sexual and reproductive health and rights.
• Planned Parenthood – A nonprofit organization providing reproductive health care and education.

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Legal References