§ 1 Overview
Legal to 18 weeks; trigger ban enjoined
Abortion is legal in Utah up to 18 weeks gestational age (measured from last menstrual period); a near-total trigger ban remains enjoined pending constitutional litigation in state court.
Full analysis
Abortion is currently legal in Utah through 18 weeks of pregnancy, measured from the first day of your last menstrual period. Abortions are available at licensed clinics and hospitals. A stricter law known as the 'trigger ban' (SB 174) — which would ban nearly all abortions — was passed in 2020 and took effect briefly in June 2022 when Roe v. Wade was overturned, but a state court blocked it almost immediately. The Utah Supreme Court upheld that block in August 2024, and the trigger ban remains on hold while a full constitutional trial proceeds. A separate law that would have required all abortions to happen in hospitals (effectively closing clinics) is also blocked by a court order. The 18-week limit includes exceptions after 18 weeks for the life or serious physical health of the pregnant woman and for lethal fetal abnormalities. Rape and incest exceptions exist but are also limited to before 18 weeks, and a separate law bars abortion if the sole reason is a Down syndrome diagnosis.
Legal analysis
Utah's operative abortion regime is established by Utah Code § 76-7-302, as amended by HB 467 (2023). It permits abortion up to 18 weeks' gestational age (calculated from LMP per § 76-7-301(6)) for any reason except that § 76-7-302.4 separately prohibits abortion if the sole reason is that the fetus has or may have Down syndrome. After 18 weeks, abortion is permitted only to avert death or serious physical risk of substantial impairment of a major bodily function, or where two maternal-fetal medicine physicians concur in writing that the fetus has a condition incompatible with life. The near-total trigger ban codified at § 76-7a-201 (SB 174, 2020) is enjoined by a preliminary injunction first granted by the Third District Court in July 2022 and affirmed by the Utah Supreme Court in Planned Parenthood Ass'n v. State, 2024 UT 28 (August 1, 2024). The hospital-only requirement imposed by HB 467 is separately enjoined by a May 2, 2023 district court order. The merits of the state constitutional challenge to SB 174 remain pending before the district court.
Verified at source · high confidence · Utah Code § 76-7-302(2), subsection (2), Utah Legislature · Planned Parenthood Ass'n v. State, 2024 UT 28, paragraph 5, Justia
§ 2 At a glance
Key machine-readable determinations from the research document. Each value is derived from a sourced finding on this page — where a finding is unsettled, the value says so.
Legal classification
Gestational limit
Gestational limit
18 weeks
Limit measured from
Last menstrual period
Available today, as enforced
Yes
Mother expressly exempt
Yes
Medication abortion distinct
No
Telehealth prescribing
No
Shield state
No
Civil bounty enforcement
No
Parental involvement
Consent and notification
Judicial bypass
Yes
Medicaid coverage
Hyde only
Fetal homicide law
Yes
Personhood language in law
Yes
Rape / incest exception
Yes
Exceptions present
Life, Physical health, Rape, Incest, Fatal fetal anomaly, Ectopic miscarriage carveout
§ 3 What counts as “abortion” here
Physician-caused death of unborn child
Utah defines 'abortion' as an act by a physician using an instrument or prescribing a drug with intent to cause the death of an unborn child of a woman known to be pregnant; miscarriage management, ectopic pregnancy removal, and non-consensual killing are excluded.
Full analysis
Under Utah law, 'abortion' means a physician's act of using a medical instrument or prescribing a drug with the intention of causing the death of an unborn child of a woman known to be pregnant, except as specifically permitted. The definition does not include removing a dead fetus, removing an ectopic pregnancy, or a non-consensual killing of an unborn child (unless the physician cannot get consent because of a medical emergency). The separate trigger-ban definition at § 76-7a-101 also covers intentional termination, killing, or causing of miscarriage of a live unborn child through a medical procedure or substance used under a physician's direction, and likewise excludes delivery of a stillborn and removal of an ectopic pregnancy. Gestational age is measured from the first day of the last menstrual period.
Legal analysis
Utah Code § 76-7-301(1)(a) defines abortion as 'the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part.' Subsection (1)(b) explicitly excludes: removal of a dead unborn child, removal of an ectopic pregnancy, and the non-consensual killing of an unborn child (unless the physician cannot obtain consent due to a medical emergency). § 76-7-301(6) defines 'gestational age' as 'the age of an unborn child as calculated from the first day of the last menstrual period of the pregnant woman.' The trigger ban in § 76-7a-101 defines abortion more broadly but similarly excludes delivery of a stillborn and removal of an ectopic pregnancy. IVF and embryos outside the womb are not addressed in the abortion definitions. The statutory scheme does not define the pregnant woman's own self-managed actions as 'abortion,' which is significant for self-management liability.
Verified at source · high confidence · Utah Code § 76-7-301(1), subsection (1)(a), Utah Legislature · Utah Code § 76-7-301(1)(b), subsection (1)(b), Utah Legislature · Utah Code § 76-7-301(6), subsection (6), Utah Legislature
Editor’s note The SB 174 trigger ban (76-7a-101) uses a parallel definition that also excludes stillbirth delivery and ectopic pregnancy removal. Check the current code edition; the definition at 76-7-301 was amended effective 3/14/2024.
§ 4 Current status
Legal to 18 weeks LMP; trigger ban enjoined
Abortion is legal up to 18 weeks gestational age (LMP) under § 76-7-302; the SB 174 near-total trigger ban remains enjoined; the HB 467 hospital-only requirement is also enjoined; a Down-syndrome-selective abortion ban is in effect.
Full analysis
Today, abortion is legal in Utah up to 18 weeks of pregnancy, measured from the first day of the last menstrual period. You can obtain an abortion at a licensed clinic or hospital. After 18 weeks, abortion is available only if your life or a major bodily function is seriously at risk, or if two maternal-fetal medicine specialists agree the fetus has a condition incompatible with life. Rape and incest exceptions exist, but only before 18 weeks. A separate law says you cannot have an abortion if your sole reason is a Down syndrome diagnosis. Two stricter laws — the near-total trigger ban (SB 174) and a requirement that all abortions happen in hospitals — are blocked by court orders and are not currently enforced.
Legal analysis
As of the research date, Utah Code § 76-7-302 governs. It permits abortion to 18 weeks' gestational age (LMP) without a reason requirement (except the § 76-7-302.4 Down syndrome selective ban). Post-18-week abortions require a life/health emergency (death or 'serious physical risk of substantial impairment of a major bodily function') or a lethal fetal anomaly certified by two maternal-fetal medicine physicians. Rape and incest exceptions require a law enforcement report and are capped at 18 weeks. SB 174's near-total ban (§ 76-7a-201, which criminalizes abortion at any stage with only three narrow exceptions) is enjoined by a preliminary injunction affirmed in Planned Parenthood Ass'n v. State, 2024 UT 28. The HB 467 hospital-only requirement is separately enjoined since May 2, 2023. The § 76-7-302.4 Down syndrome restriction ('an abortion may not be performed if the pregnant mother's sole reason for the abortion is that the unborn child has or may have Down syndrome') is in effect and not separately enjoined.
Verified at source · high confidence · Utah Code § 76-7-302(2), subsection (2), Utah Legislature · Utah Code § 76-7-302.4, entire section, Utah Legislature
§ 5 Law-in-effect vs. law-on-the-books
Two major provisions enjoined
The SB 174 trigger ban (near-total) is enjoined pending merits trial; the HB 467 hospital-only/clinic ban is also enjoined; the 18-week limit and Down syndrome ban are in full effect.
Full analysis
Two major abortion restrictions passed by the Utah Legislature are blocked by court orders and cannot be enforced. First, the SB 174 'trigger ban,' which would ban almost all abortions, is on hold because the Utah Supreme Court upheld a preliminary injunction in August 2024. Second, the HB 467 'clinic ban,' which would require all abortions to happen in hospitals, was blocked in May 2023. Both injunctions remain in effect while the underlying constitutional lawsuits proceed in state district court. The 18-week limit, the Down syndrome restriction, the 72-hour waiting period, parental consent requirements, and other regulatory laws are currently in effect.
Legal analysis
The SB 174 trigger ban (§ 76-7a-201) was preliminarily enjoined by the Third District Court in July 2022; the Utah Supreme Court affirmed that injunction on interlocutory appeal in Planned Parenthood Ass'n v. State, 2024 UT 28 (August 1, 2024), holding that PPAU has standing and raised 'serious issues concerning SB 174's constitutionality' under the Utah Constitution's bodily integrity, family composition, and equal rights provisions. The HB 467 hospital-only requirement was separately preliminarily enjoined on May 2, 2023. Both cases are being litigated together before the Third District Court. No trial date has been set, and the State has not sought further appellate review of the preliminary injunction ruling. The 18-week ban (§ 76-7-302), the Down syndrome ban (§ 76-7-302.4), and all other procedural requirements in Part 3 of Chapter 7 of Title 76 remain enforceable.
Verified at source · high confidence · Planned Parenthood Ass'n v. State, 2024 UT 28, paragraph 5, Justia · ACLU of Utah Press Release, May 2, 2023, ACLU of Utah
Editor’s note The merits trial in the Third District Court has not yet occurred. No trial date had been publicly announced as of this research.
§ 6 Exceptions
Life of the mother
Life exception at any gestation
Abortion is permitted at any gestational age to avert the death of the pregnant woman.
Full analysis
Utah law allows an abortion at any point in pregnancy if it is necessary to prevent the pregnant woman's death. This exception applies under both the current 18-week law and the enjoined trigger ban. No special certification beyond the physician's judgment is required under the 18-week law, though the trigger ban would require the treating physician and one other physician to concur in writing.
Legal analysis
Under the operative § 76-7-302(2)(b)(i)(A), abortion after 18 weeks is permitted when 'necessary to avert the death of the woman on whom the abortion is performed.' Under the enjoined SB 174 (§ 76-7a-201), the life exception would require concurrence by the treating physician and one other physician in writing.
Verified at source · high confidence · Utah Code § 76-7-302(2)(b)(i)(A), subsection (2)(b)(i)(A), Utah Legislature
Physical health
Physical health exception after 18 weeks
After 18 weeks, abortion is permitted to avert a serious physical risk of substantial impairment of a major bodily function.
Full analysis
After 18 weeks of pregnancy, Utah allows an abortion if continuing the pregnancy would pose a serious risk of substantial and irreversible harm to a major bodily function — for example, risking kidney failure, stroke, or similar severe physical damage. This is a physical-health-only exception; mental health conditions alone do not qualify.
Legal analysis
§ 76-7-302(2)(b)(i)(B) permits post-18-week abortion to avert 'a serious physical risk of substantial impairment of a major bodily function.' The statute uses 'serious physical risk' — mental health is not included. Under the enjoined SB 174, the standard is similar: 'a serious risk of substantial and irreversible impairment of a major bodily function' (§ 76-7a-201).
Verified at source · high confidence · Utah Code § 76-7-302(2)(b)(i)(B), subsection (2)(b)(i)(B), Utah Legislature
Mental health
No mental health exception
Utah law does not recognize a standalone mental health exception for abortion.
Full analysis
Utah's abortion laws do not include a mental health exception. After 18 weeks, an abortion is permitted only for threats to the woman's life or a serious risk of substantial physical impairment of a major bodily function — mental health conditions alone do not legally justify a post-18-week abortion. The enjoined trigger ban likewise includes no mental health exception.
Legal analysis
Neither the operative 18-week limit (§ 76-7-302) nor the enjoined trigger ban (§ 76-7a-201) contains a mental health exception. The physical-health exception at § 76-7-302(2)(b)(i)(B) is limited to 'serious physical risk of substantial impairment of a major bodily function.' Mental health conditions, including suicidality, are not independently recognized as grounds for a post-18-week abortion under current Utah law.
No law on this point · high confidence · Utah Code § 76-7-302(2)(b), subsection (2)(b), Utah Legislature
Rape
Rape exception, before 18 weeks only
Abortion is permitted before 18 weeks for rape, but the physician must verify that the assault was reported to law enforcement.
Full analysis
A person who becomes pregnant as a result of rape may obtain an abortion in Utah, but only before 18 weeks of pregnancy. The law requires that the assault be reported to law enforcement and that the physician verify this report before performing the abortion. After 18 weeks, rape alone is not a sufficient legal ground for abortion — only the life and physical health exceptions apply.
Legal analysis
§ 76-7-302(2)(c) permits abortion before 18 weeks for pregnancies resulting from rape (as described in § 76-5-402), rape of a child (§ 76-5-402.1), or incest (§ 76-5-406(2)(j) or § 76-7-102). The physician must 'verify that the incident has been reported to law enforcement' (§ 76-7-302(2)(c)(ii)(A)). The physician must maintain records of the verification and report to the Department of Health and Human Services (§ 76-7-302(5)). This exception is capped at 18 weeks; after 18 weeks, a rape-related pregnancy does not independently qualify.
Verified at source · high confidence · Utah Code § 76-7-302(2)(c), subsection (2)(c), Utah Legislature
Incest
Incest exception, before 18 weeks only
Same legal framework as the rape exception: abortion is permitted before 18 weeks for incest, with law-enforcement-report verification required.
Full analysis
The incest exception operates identically to the rape exception. A person pregnant as a result of incest may obtain an abortion before 18 weeks, and the physician must verify that the incest has been reported to law enforcement. After 18 weeks, incest alone is not a legal ground for abortion.
Legal analysis
§ 76-7-302(2)(c) treats rape and incest identically for purposes of the 18-week exception. Incest is defined by reference to § 76-5-406(2)(j) and § 76-7-102. The same law-enforcement-report verification, recordkeeping, and reporting obligations apply.
Verified at source · high confidence · Utah Code § 76-7-302(2)(c)(i)(A)(III), subsection (2)(c)(i)(A)(III), Utah Legislature
Fatal fetal anomaly
Lethal fetal anomaly, any gestation
Abortion is permitted at any gestational age when two maternal-fetal medicine physicians concur in writing that the fetus has a condition incompatible with life.
Full analysis
If two maternal-fetal medicine specialists agree in writing that the fetus has a condition that is incompatible with life — meaning the baby would not survive — an abortion may be performed at any stage of pregnancy. The physician must also inform the woman, verbally and in writing, that perinatal hospice and palliative care are available as an alternative.
Legal analysis
§ 76-7-302(2)(b)(ii) permits abortion when 'two physicians who practice maternal fetal medicine concur, in writing, in the patient's medical record that the fetus has a fetal abnormality that in the physicians' reasonable medical judgment is incompatible with life.' Subsection (4) requires the physician to inform the woman of perinatal hospice and palliative care alternatives. This exception is not gated by gestational age.
Verified at source · high confidence · Utah Code § 76-7-302(2)(b)(ii), subsection (2)(b)(ii), Utah Legislature
Ectopic pregnancy & miscarriage care
Ectopic and miscarriage excluded
The statutory definition of abortion expressly excludes removal of an ectopic pregnancy and removal of a dead unborn child, so these procedures are not regulated as abortions.
Full analysis
Utah law is clear that treating an ectopic pregnancy (where the embryo implants outside the uterus) and removing a miscarried fetus are not considered abortions. These procedures fall entirely outside the abortion laws and may be performed without following the abortion-specific requirements like waiting periods or mandatory counseling.
Legal analysis
§ 76-7-301(1)(b) states: '"Abortion" does not include: (i) removal of a dead unborn child; (ii) removal of an ectopic pregnancy; or (iii) the killing or attempted killing of an unborn child without the consent of the pregnant woman...' This carveout is unambiguous. The trigger ban at § 76-7a-101 similarly excludes ectopic pregnancy removal and delivery of a stillborn child.
Verified at source · high confidence · Utah Code § 76-7-301(1)(b), subsection (1)(b)(i)-(ii), Utah Legislature
§ 7 Methods
Procedural / surgical
Legal to 18 weeks; D&X banned
Procedural (surgical) abortion is legal up to 18 weeks; partial-birth abortion (D&X) is banned at any stage by separate statute; D&E is not banned.
Full analysis
Surgical abortion procedures are legal in Utah up to 18 weeks of pregnancy. After 18 weeks, surgical abortion is available only under the life, physical health, or lethal fetal anomaly exceptions. Utah has a ban on 'partial-birth abortion' (also known as D&X or intact dilation and extraction), which is a third-degree felony. The more common D&E (dilation and evacuation) procedure — which involves dismemberment — is expressly excluded from the definition of partial-birth abortion and is not separately banned. Abortions must be performed in a licensed abortion clinic or hospital (§ 76-7-302(3)), and only by a physician (§ 76-7-302(1)).
Legal analysis
§ 76-7-326 prohibits partial-birth abortion, defined at § 76-7-301(11) as vaginal delivery of a living fetus until the head (or trunk past the navel in breech) is outside the body, followed by an overt act to kill the partially delivered living fetus. D&E involving dismemberment, suction curettage, and suction aspiration are expressly excluded from the partial-birth definition (§ 76-7-301(11)(b)). No separate D&E/dismemberment ban exists. Violation of § 76-7-326 is a third-degree felony. The federal Partial-Birth Abortion Ban Act (18 U.S.C. § 1531) applies as a floor. § 76-7-302(3) requires abortions be performed in an abortion clinic or hospital. The HB 467 hospital-only provision is enjoined, so clinics remain lawful sites.
Verified at source · high confidence · Utah Code § 76-7-326, entire section, Utah Legislature (via PDF) · Utah Code § 76-7-301(11)(b), subsection (11)(b), Utah Legislature · Utah Code § 76-7-302(1)-(3), subsections (1) and (3), Utah Legislature
Editor’s note The partial-birth ban at 76-7-326 dates from pre-2004 amendments; confirm the current penalty classification with the latest code edition.
Medication abortion
Legal to 18 weeks; in-person required
Medication abortion (mifepristone/misoprostol) is legal up to 18 weeks but requires a physician and in-person dispensing; telehealth prescribing is not permitted under Utah's physician-only and in-person requirements.
Full analysis
Medication abortion — using pills rather than a surgical procedure — is legal in Utah through 18 weeks of pregnancy. However, Utah law defines abortion as an act by a physician, so only a licensed physician can prescribe or provide the medication. The mandatory 72-hour waiting period and state-scripted information module must be completed in person, and the law requires at least one face-to-face consultation. This effectively means you cannot get abortion pills through a telehealth appointment alone. The pills must be dispensed through the same clinic-or-hospital pathway as procedural abortions. Federal FDA rules permit mifepristone by mail, and Utah has no specific statute prohibiting mailing abortion pills into the state, but in practice the in-person requirements make telehealth-only prescribing unavailable.
Legal analysis
Medication abortion is not separately defined or regulated in Utah's abortion code; it falls within the general abortion definition at § 76-7-301(1)(a), which covers 'prescribing a drug... with the intent to cause the death of an unborn child.' The physician-only requirement (§ 76-7-302(1)), the 72-hour waiting period with in-person information module viewing (§ 76-7-305), and mandatory face-to-face consultation (§ 76-7-305(3)(a)) collectively preclude telehealth-only prescribing into Utah. The state has no standalone ban on mailing abortion medication, and no statute criminalizes receipt of mailed pills. Federal law (FDA's REMS program, which as of 2025 allows certified pharmacies to dispense mifepristone) does not expressly override state in-person requirements, though preemption arguments exist.
Verified at source · medium confidence · Utah Code § 76-7-301(1)(a), subsection (1)(a), Utah Legislature · Utah Code § 76-7-305, subsection (2), Justia (2025 Utah Code)
Editor’s note FDA preemption arguments regarding mifepristone REMS and state in-person dispensing requirements are subject to ongoing federal litigation; the Supreme Court's June 2024 decision in FDA v. Alliance for Hippocratic Medicine preserved current FDA rules. Whether state in-person requirements survive a preemption challenge is unsettled.
Self-managed abortion
Mother exempt; not criminalized
Utah law expressly exempts the pregnant woman from criminal liability for seeking or obtaining an abortion for herself; self-managed abortion is not independently criminalized.
Full analysis
A pregnant person who ends her own pregnancy outside the medical system — for example, by obtaining abortion pills online or using other methods — is not criminally liable under Utah law. The statute says clearly that 'a woman who seeks to have or obtains an abortion for herself is not criminally liable.' Because Utah's definition of 'abortion' requires a physician's involvement, self-managed acts do not legally fit the definition either. While self-managed abortion is not endorsed or facilitated by state law, a pregnant woman cannot be prosecuted under the state abortion statutes.
Legal analysis
§ 76-7-314(1)(b)(i) states: 'Notwithstanding any other provision of law, a woman who seeks to have or obtains an abortion for herself is not criminally liable.' This express exemption applies broadly. Additionally, § 76-7-314.5(2) provides that 'a woman is not criminally liable for: (a) seeking to obtain, or obtaining, an abortion that is permitted by this part; or (b) a physician's failure to comply with...' The abortion definition at § 76-7-301(1)(a) requires an act 'by a physician,' so self-managed conduct does not satisfy the statutory definition of abortion in the first instance. The fetal homicide statute (§ 76-5-201) does not apply to lawful abortions, and the woman's exemption would likely bar its application to self-managed abortion, though no Utah appellate case has squarely addressed this.
Verified at source · high confidence · Utah Code § 76-7-314(1)(b)(i), subsection (1)(b)(i), Justia (2006 Utah Code) · Utah Code § 76-7-314.5(2), subsection (2), Justia (2025 Utah Code)
Editor’s note While the statutory text is clear, no Utah appellate decision has tested the mother-exemption in the context of self-managed abortion. Criminalization in practice can arise through non-abortion statutes (child endangerment, drug possession); monitor prosecutorial charging practices.
§ 8 Actors: exposure, person by person
Who may perform an abortion
Physician only; clinic or hospital
Only licensed physicians (MD, DO, or equivalent federal physician) may perform abortions; advanced-practice clinicians may not; abortions must be performed in a licensed abortion clinic or hospital.
Full analysis
In Utah, only a licensed physician — a medical doctor (MD), osteopathic doctor (DO), or an equivalent federally employed physician — may perform an abortion. Nurse practitioners, physician assistants, and certified nurse-midwives cannot legally perform abortions or prescribe abortion medication, though some may participate in counseling under the informed-consent process. Abortions must be done in a licensed abortion clinic or hospital, unless a medical emergency requires a different location. The law that would have required all abortions to happen only in hospitals is blocked by a court order, so licensed clinics remain available.
Legal analysis
§ 76-7-302(1) states: 'An abortion may be performed in this state only by a physician.' § 76-7-301(13) defines 'physician' as a medical doctor licensed under Title 58, Chapter 67; an osteopathic physician licensed under Title 58, Chapter 68; or a federally employed physician with similar qualifications. Advanced-practice registered nurses, physician assistants, and certified nurse-midwives are excluded from performing or prescribing, though § 76-7-305 permits certain non-physician clinicians (RNs, NPs, APRNs, CNMs, PAs, genetic counselors) to present the information module and conduct counseling. § 76-7-302(3) requires abortions in an abortion clinic or hospital. The HB 467 amendment that would have required hospital-only settings is enjoined (May 2, 2023). No admitting-privileges requirement exists.
Verified at source · high confidence · Utah Code § 76-7-302(1), subsection (1), Utah Legislature · Utah Code § 76-7-301(13), subsection (13), Utah Legislature
The pregnant woman
Expressly exempt from liability
The pregnant woman is expressly and categorically exempted from criminal liability for seeking or obtaining an abortion for herself under § 76-7-314(1)(b)(i).
Full analysis
A pregnant person in Utah cannot be criminally prosecuted for seeking or obtaining an abortion. The law explicitly says that 'notwithstanding any other provision of law, a woman who seeks to have or obtains an abortion for herself is not criminally liable.' This is a blanket exemption — it protects the woman regardless of whether the abortion is legal or illegal for the provider.
Legal analysis
§ 76-7-314(1)(b)(i) provides an unqualified exemption: 'Notwithstanding any other provision of law, a woman who seeks to have or obtains an abortion for herself is not criminally liable.' § 76-7-314.5(2) reiterates this for abortions permitted by the part and for physician non-compliance. The exemption does not extend to civil liability expressly, though no Utah statute creates civil liability for the woman. The exemption covers both the woman who seeks (solicits) and the woman who obtains (receives) the abortion. The 'notwithstanding any other provision of law' language is as broad as possible under Utah drafting conventions.
Verified at source · high confidence · Utah Code § 76-7-314(1)(b)(i), subsection (1)(b)(i), Justia (2006 Utah Code)
Editor’s note This exemption is in the operative Part 3 (Abortion) of Chapter 7; the SB 174 trigger ban's mother exemption appears at § 76-7a-201 and is consistent. Confirm current code edition for any amendments.
The physician
Second-degree felony, 1-15 years
A physician who performs an unauthorized abortion faces a second-degree felony (1-15 years imprisonment and up to $10,000 fine) plus license revocation.
Full analysis
A physician who performs an abortion that does not comply with Utah law can be charged with a second-degree felony, which carries a prison sentence of 1 to 15 years and a fine of up to $10,000. In addition, the physician faces professional discipline: the Division of Professional Licensing can suspend or revoke their medical license. The Department of Health and Human Services is also required to report violating physicians to the Division.
Legal analysis
Under the enjoined trigger ban (§ 76-7a-201(3)), performing an unauthorized abortion is a second-degree felony. Under the operative Part 3, § 76-7-314(1)(a) classifies intentional performance of an unauthorized abortion as a third-degree felony, but § 76-7-314.5(5) makes killing an unborn child via unauthorized abortion a second-degree felony. § 76-3-301(1)(a) sets the second-degree felony penalty at 1-15 years imprisonment. § 76-3-301(1)(b) sets the third-degree felony penalty at 0-5 years. Fines: up to $10,000 for a felony (§ 76-3-301(4)). § 76-7a-201(5) requires the Department to report violating physicians to the Division of Professional Licensing for license action.
Verified at source · high confidence · Utah Code § 76-7a-201(3), subsection (3), Utah Legislature (via PDF) · Utah Code § 76-7-314(1)(a), subsection (1)(a), Justia (2006 Utah Code) · Utah Code § 76-3-301(1)(a), subsection (1)(a), Utah Legislature
Editor’s note The applicable penalty depends on whether the trigger ban (second-degree felony) or the Part 3 provisions (third-degree felony for simple unauthorized performance, second-degree for killing an unborn child) apply. Under the current injunction, only Part 3 penalties are operative. Verify the current code edition for the most recent penalty classifications.
Prescribers & pharmacists
Non-physician prescribers excluded
Since only physicians may perform or prescribe abortions, non-physician prescribers and pharmacists face exposure if they dispense abortion medication outside the physician-supervised framework.
Full analysis
Because Utah law reserves abortion to physicians, a nurse practitioner, physician assistant, or pharmacist who independently prescribes or dispenses abortion medication would be acting outside the law. They could face charges for practicing medicine without a license or for aiding an unauthorized abortion. A pharmacist filling a valid in-state physician prescription for abortion medication in compliance with the 18-week limit and procedural requirements is not at criminal risk. Filling an out-of-state telehealth prescription for a Utah patient could expose the pharmacist, but the core barrier is that the physician-only and in-person requirements make such prescriptions highly unlikely to reach a Utah pharmacy in the first place.
Legal analysis
§ 76-7-302(1) limits abortion performance to physicians. A non-physician who prescribes or dispenses mifepristone/misoprostol for abortion could be charged under § 76-7-314 for violating the abortion laws and under the general aiding-and-abetting statute (§ 76-2-202). Pharmacists are not specifically addressed in the abortion code. Filling a physician's lawful in-state prescription is not separately criminalized. The FDA REMS program currently permits certified pharmacies to dispense mifepristone, but this does not override state law limiting who may initiate the abortion process.
Verified at source · medium confidence · Utah Code § 76-7-302(1), subsection (1), Utah Legislature
Editor’s note Utah law does not specifically address pharmacist liability; analysis is by inference from the physician-only and abortion-crime statutes. FDA preemption arguments may affect this analysis.
Nurses & clinic staff
Aiding-and-abetting exposure possible
Nurses and clinic staff who assist an illegal abortion could face accomplice liability under Utah's general complicity statute, but no Utah-specific abortion accomplice provision exists.
Full analysis
Nurses and clinic staff who participate in an abortion that complies with the 18-week limit and all procedural requirements face no legal risk. However, if a physician performs an illegal abortion, nurses or staff who knowingly assist could theoretically be charged as accomplices under Utah's general criminal law. In practice, with the trigger ban enjoined and abortion legal to 18 weeks, clinic staff are not known to have been prosecuted.
Legal analysis
Utah's abortion code does not contain a specific accomplice or conspiracy provision targeting clinic staff. However, Utah's general complicity statute (§ 76-2-202) provides that a person who 'solicits, requests, commands, encourages, or intentionally aids another person to engage in conduct which constitutes an offense' is criminally liable as a party. This could theoretically reach nurses and staff who knowingly assist an illegal abortion. Under current law with the trigger ban enjoined, the only unlawful abortions would be those violating the 18-week limit, the Down syndrome ban, or the procedural requirements — all of which are provider-side offenses.
Verified at source · medium confidence · Utah Code § 76-2-202, subsection (1), Utah Legislature
Editor’s note No Utah appellate decision tests accomplice liability of clinic staff for illegal abortion. Practical risk under current law is low.
Other helpers
No express helper liability
Utah has no statute specifically criminalizing those who assist a pregnant person in obtaining an abortion (driving, funding, lodging); general complicity law is the outer bound.
Full analysis
There is no Utah law that specifically makes it a crime to help someone get an abortion — for example, by giving them a ride, paying for the procedure, or providing a place to stay. The only way a helper could face legal trouble is under Utah's general complicity statute, which applies only if the helper knowingly assists an illegal act. Since abortion is legal up to 18 weeks, helping someone obtain a lawful abortion does not create criminal exposure. Utah has not enacted an 'abortion trafficking' law of the kind adopted in Idaho and Tennessee.
Legal analysis
Utah has not enacted an 'abortion trafficking' or travel-assistance criminalization statute. No provision of Title 76, Chapter 7, Part 3 (Abortion) specifically criminalizes aiding, abetting, funding, transporting, or lodging a person who seeks an abortion. The general complicity statute (§ 76-2-202) provides the theoretical outer boundary and would require the principal offense to be criminal. Utah has no SB8-style civil bounty statute. The absence of targeted helper-liability provisions is notable compared to neighboring Idaho.
Verified at source · high confidence · Guttmacher Institute Interactive Map: US Abortion Policies and Access, Guttmacher Institute
Editor’s note Absence of a statute is verified by negative inference from search of Utah Code Title 76, Chapter 7. Monitor for legislative proposals modeled on Idaho's law.