The Poynter Institute Menu Donate State Editions * California * Florida * Iowa * Michigan * New Hampshire * New York * North Carolina * Pennsylvania * Texas * West Virginia * Wisconsin Issues * All Issues * Online hoaxes * Coronavirus * Health Care * Immigration * Extremism * Taxes * Marijuana * Environment * Crime * Guns * Foreign Policy * LGBTQ+ People * Joe Biden * Kamala Harris * Donald Trump * Mitch McConnell * Hakeem Jeffries * Ron DeSantis Media * PunditFact * Tucker Carlson * Sean Hannity * Rachel Maddow * Bloggers * PolitiFact Videos Campaigns * 2024 Elections Truth-o-Meter * True * Mostly True * Half True * Mostly False * False * Pants on Fire Promises * Biden Promise Tracker * Trump-O-Meter * Obameter * Latest Promises About Us * Our Process * Our Staff * En Español * Who pays for PolitiFact? * Advertise with Us * Suggest a Fact-check * Corrections and Updates * Newsletters Donate #### Follow us The Facts Newsletter Sign up English Español ### Get PolitiFact in your inbox. * Weekly Email Newsletter * Daily Email Newsletter Your Email Address Sign Up ![](\\" ![](\\" Gavin Newsom stated on November 19, 2023 in a statement on X: In Florida, “any woman who has an abortion after six weeks — and any doctor who gives her care — will be guilty of a felony.” ![\\"true\\"](\\" half-true/6479cbc723379f0ee49c269b0b9790b7.jpg.\\") ![\\"half- true\\"](\\" true.jpg\\") * Abortion * Crime * California * Florida * Gavin Newsom ![\\"Florida](\\" Florida Gov. Ron DeSantis and California Gov. Gavin Newsom will debate Nov. 30 on Fox News. (AP) ![\\"Amy](\\" By Amy Sherman November 29, 2023 # Do Florida women, doctors face felony charges for abortions? Fact-checking Gavin Newsom ad #### If Your Time is short * Florida Gov. Ron DeSantis signed a bill in April that bans most abortions after six weeks of pregnancy. * The law says any person who performs or \"actively participates in\" an abortion commits a third-degree felony. * Although the law is clear that physicians can be charged, whether pregnant women will face the same charge is ambiguous. See the sources for this fact-check California’s Democratic Gov. Gavin Newsom and Florida’s Republican Gov. Ron DeSantis have long feuded over which state has the most freedoms and protections. Both are set to debate Nov. 30 on Fox News. Newsom recently said on X, formerly Twitter, that some women who have abortions in Florida, and the doctors who perform the procedure, could be jailed. \"Any woman who has an abortion after six weeks -- and any doctor who gives her care -- will be guilty of a felony. Abortion after six weeks will be punishable by up to 5 years in prison,\" Newsom posted on X Nov. 19. \"That’s not freedom. That’s Ron DeSantis’ Florida.\" Newsom also shared an ad by his political action committee, Campaign for Democracy, that shows a \"wanted\" billboard and mug shots of women and people in white lab coats who appear to be physicians. Newsom narrates the ad and says: \"Wanted, by order of Governor Ron DeSantis: Any woman who has an abortion after six weeks and any doctor who gives her care will be guilty of a felony. Abortion after six weeks will be punishable by up to five years in prison.\" In April, DeSantis approved a bill that said anyone who \"actively participates in\" an abortion after six weeks of pregnancy commits a felony. That law would take effect if the Florida Supreme Court upholds a related 2022 law. But who the felony charge applies to is up for debate. Although the 2023 law is clear that physicians can be charged, whether pregnant women will face the same charge is ambiguous. DeSantis has said he does not want to jail women who have abortions. Florida law says actively participating in an abortion is a felony Nathan Click, Newsom’s political adviser, cited as evidence Florida’s 2023 \"Heartbeat Protection Act.\" That law says physicians may not perform most abortions after six weeks of pregnancy. A subsequent section on penalties says that \"any person who willfully performs, or actively participates in, a termination of pregnancy\" commits a felony of the third degree. That charge carries up to five years in prison. The penalty language regarding someone who \"participates in\" an abortion was carried over to the 2023 law from a 1990s law. Florida Democratic lawmakers have introduced bills to modify the law to say that it does not apply to pregnant women who terminate their pregnancies. Law professors told PolitiFact that if lawmakers wanted only physicians to be charged, they could have specified that in the law. \"I don\'t think statute or case law or anything else gives you a clear answer\" on whether the law punishes women or just people helping them with an abortion, said Mary Ziegler, a law professor and expert on abortion law at University of California, Davis. The law \"doesn’t rule out women being prosecuted, even if it doesn\'t explicitly say they will or won\'t be,\" Ziegler said. #### Featured Fact-check ![](\\" Instagram_logo_2016.svg/322c808c00e73c217d17772ddd5a0eb5.jpg\\") ![](\\" Instagram_logo_2016.svg/8b142c91ebe468a84a192e6df2b7b994.jpg\\") Instagram posts stated on September 8, 2024 in Instagram posts Immigrants get $2,000 each time they cross the border illegally. ![\\"true\\"](\\" false/33efdb6633e5e2fdc2d4e2f63383a1e0.jpg.\\") ![\\"false\\"](\\" false.jpg\\") By Sofia Ahmed • September 12, 2024 The phrases \"any person\" and \"actively participates\" would leave the matter open for any local law enforcement\'s discretion, Georgetown law professor Michele Bratcher Goodwin said. DeSantis in a September CBS News interview said the penalties in the 2023 law are for the medical practitioners, not the pregnant women, his campaign told PolitiFact. Nationwide, some Republican lawmakers have supported bills that punish women with prison time for abortions, but this is not a widely embraced idea throughout the anti-abortion movement. State court in 1997 said women can’t be criminally liable for abortions DeSantis’ office told PolitiFact that when DeSantis says the penalties won’t apply to women, he’s referring to a 1997 Florida Supreme Court case, State v. Ashley, about a pregnant teenager who shot herself, leading to her baby’s death 15 days later. Authorities charged the teen with murder, but the court said she shouldn’t have been charged, because state law did not criminalize her conduct. The court cited past rulings that said women who had abortions were the \"victim,\" not the offender. DeSantis spokesperson Jeremy Redfern said that the \"Florida Supreme Court precedent has affirmed the longstanding common law doctrine preventing a pregnant woman from being held criminally liable for receiving an abortion.\" But law professors say we can’t conclude that the current Florida Supreme Court will take the same stance from decades ago, given nationwide changes in abortion law. In 2022, the U.S. Supreme Court overturned Roe v. Wade, which protected abortion access federally. The Florida Supreme Court could soon rule in favor of the 15-week limit, which would contradict earlier rulings that protected abortion rights. DeSantis appointed five of the seven justices. \"If the current Florida Supreme Court is willing to overrule precedent on whether the Florida Constitution protects the right to abortion, it may be willing to overrule precedent on whether ambiguous abortion bans cover the pregnant person as well,\" said Caroline Mala Corbin, a University of Miami School of Law professor. What we are left with here is \"a lot of TBD,\" said Ziegler. Our ruling Newsom claimed that in Florida, \"any woman who has an abortion after six weeks — and any doctor who gives her care — will be guilty of a felony.\" DeSantis signed a bill banning most abortions after six weeks of pregnancy. The 2023 law says that anyone who \"actively participates in\" an abortion commits a third-degree felony. The law penalizes physicians. The question is whether it would allow for criminalizing women for their abortions. The ad makes it sound like that is settled. It’s not. Legal experts say the law’s vague language opens the door to prosecutors charging women, but we don’t yet know whether they will and how courts would respond to such charges. The law is on hold amid legal challenges. Also, DeSantis has said that he doesn’t want women prosecuted, only the doctors. The statement is partially accurate but leaves out important details. We rate it Half True. **RELATED** : Ron DeSantis’ False claim that some states allow ‘post-birth’ abortions. None do. **RELATED** : All abortion bans include exceptions for a mother’s life. But are they working? #### Read About Our Process The Principles of the Truth-O-Meter ### Our Sources Gov. Gavin Newsom, X post, Nov. 19, 2023 Bryan Griffin, X post, Nov. 19, 2023 DeSantis War Room, X post, Nov. 19, 2023 Gov. Ron DeSantis, Press release, April 14, 2022 Factcheck.org, Unpacking Democratic Ad Attacking DeSantis, Florida Abortion Law, Nov. 22, 2023 Florida State Sen. Lauren Book, Press release, Sept. 15, 2023 Florida House, Termination of pregnancies bill, Oct. 17, 2023 Florida Senate President’s Office, Press release about SB300, April 3, 2023 Florida Senate, SB300 and staff analysis, April 2023 Florida Supreme Court, State v Ashley,1997 Pennsylvania General Assembly, Abortion National Association of Criminal Defense Lawyers, Florida Abortion Law Post- Dobbs, Aug. 23, 2022 CBS, DeSantis says he does not support criminalizing women who get abortions, Sept. 13, 2023 CNBC, Florida state lawmakers introduce bill that would ban abortion after six weeks, March 7, 2023 New York Times, What Does It Really Mean to Be 6 Weeks Pregnant? May 18, 2019 Florida Phoenix, A monumental abortion question for FL Supreme Court: How did voters in 1980 define ‘privacy’? Sept. 5, 2023 CNN, Fact check: DeSantis falsely claims ‘no pro-lifer has ever argued’ to jail a woman for getting an abortion, Oct. 24, 2023 Miami Herald, Florida\'s Supreme Court hears abortion arguments. A right to privacy is at the center, Sept. 8, 2023 Guttmacher Institute, Prosecuting Women for Self-Inducing Abortion: Counterproductive and Lacking Compassion, September 2015 AP, Florida Supreme Court will take up 15-week abortion ban on Friday, Sept. 7, 2023 AP, Court: Pregnant woman can\'t be charged for shooting self to kill fetus, Oct. 30, 1997 Email interview, Nathan Click, political advisor to Gov. Gavin Newsom, Nov. 27, 2023 Telephone interview, Mary Ziegler, UC Davis law professor, Nov. 27-28, 2023 Email interview, David S. Cohen, Drexel University law professor, Nov. 27, 2023 Email interview, Michele Bratcher Goodwin, Co-Faculty Director, O\'Neill Institute, Georgetown Law School, Nov. 27, 2023 Email interview, Caroline Mala Corbin, University of Miami School of Law professor, Nov. 27, 2023 Email interview, State Rep. Anna Eskamani, Nov. 27, 2023 Email interview, Bryan Griffin, Gov. Ron DeSantis campaign spokesperson, Nov. 27, 2023 Email interview, Jeremy T. Redfern, Gov. Ron DeSantis office spokesperson, Nov. 27, 2023 Email interview, Kelsey Pritchard, director of state public affairs at Susan B. Anthony Pro-Life America, Nov. 28, 2023 ## Browse the Truth-O-Meter ### More by Amy Sherman ![](\\" ![](\\" Donald Trump stated on September 30, 2024 in a press conference in Georgia: Georgia Gov. Brian Kemp was calling President Joe Biden after Hurricane Helene but \"hasn\'t been able to get him.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Caleb McCullough • September 30, 2024 ![](\\" ![](\\" Jared Moskowitz stated on September 19, 2024 in una audiencia en la Cámara de Representantes: “El Proyecto 2025 quiere deshacerse de la NOAA” y del Servicio Nacional de Meteorología. ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Maria Briceño • September 27, 2024 ![](\\" ![](\\" Jared Moskowitz stated on September 19, 2024 in a House hearing: “Project 2025 wants to get rid of NOAA” and the National Weather Service. ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Amy Sherman • September 26, 2024 ![](\\" ![](\\" Donald Trump stated on September 18, 2024 in a speech in New York: When Haitians go to school in Springfield, Ohio, they “take the place of our children in school” and “each one will have a private interpreter.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Amy Sherman • September 23, 2024 ![](\\" ![](\\" JD Vance stated on August 25, 2024 in an interview on NBC\'s \"Meet the Press\": A zero-tolerance policy during the Trump administration \"led to less family separation than under Kamala Harris\' border policies.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Amy Sherman • September 4, 2024 ![](\\" ![](\\" Donald Trump stated on August 26, 2024 in an interview with a podcaster: Vice President Kamala Harris “is a communist. … She is really a Marxist.” ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Amy Sherman • September 4, 2024 ![](\\" ![](\\" Rick Scott stated on August 28, 2024 in a post on X: “This month alone, more than 16,000 non-citizens have been removed from the voter rolls in 3 states.” ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By Samantha Putterman • August 29, 2024 ![](\\" ![](\\" Donald Trump stated on August 23, 2024 in a speech in Las Vegas: “Kamala cast the tiebreaking vote to hire 87,000 new IRS agents to go after your tip income.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Amy Sherman • August 28, 2024 ![](\\" ![](\\" Tim Walz stated on August 14, 2024 in a speech in California: Former President Donald Trump “cut overtime benefits for millions of workers.” ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Amy Sherman • August 20, 2024 ![](\\" ![](\\" Pete Buttigieg stated on August 11, 2024 in an interview on CNN State of the Union: Gov. Tim Walz delivered paid family leave in Minnesota but “Republicans are blocking” a Biden-Harris proposal. ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By Amy Sherman • August 16, 2024 ![](\\" ![](\\" Donald Trump stated on August 8, 2024 in a press conference: Says his Jan. 6, 2021, speech on the White House Ellipse drew the “same number of people,” as the 1963 March on Washington where Martin Luther King Jr. gave his “I Have a Dream” speech. ![\\"false\\"](\\" ![\\"false\\"](\\" By Louis Jacobson • August 9, 2024 ![](\\" Instagram_logo_2016.svg/322c808c00e73c217d17772ddd5a0eb5.jpg\\") ![](\\" Instagram_logo_2016.svg/8b142c91ebe468a84a192e6df2b7b994.jpg\\") Instagram posts stated on August 2, 2024 in a video: In Pompano Beach, Florida, Somali immigrants illegally in the U.S. were in line to get driver’s licenses and “all you need to vote is a driver\'s license.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Kwasi Gyamfi Asiedu • August 7, 2024 ![](\\" ![](\\" Donald Trump stated on July 27, 2024 in a rally in St. Cloud, Minnesota: During the 2020 Minnesota riots after George Floyd’s murder, Gov. Tim Walz didn’t call in the National Guard, “so, I sent in the National Guard to save Minneapolis.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Amy Sherman • August 7, 2024 ![](\\" ![](\\" Donald Trump stated on August 3, 2024 in a rally in Atlanta: Kamala Harris “supports mandatory gun confiscation.” ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Amy Sherman • August 7, 2024 ![](\\" ![](\\" Donald Trump stated on July 24, 2024 in a rally in Charlotte, North Carolina: Kamala Harris “wants to defund the police.” ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Amy Sherman • July 30, 2024 ### Do Florida women, doctors face felony charges for abortions? Fact-checking Gavin Newsom ad * ![](\\" ![](\\" Donald Trump Jr. stated on September 9, 2024 in a post: “Less than three months ago, Kamala Harris and her administration blocked 300,000 unvetted Haitian migrants from being deported out of our country.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Kwasi Gyamfi Asiedu • September 30, 2024 * ![](\\" ![](\\" X posts stated on September 30, 2024 in an X post: Photo shows President Joe Biden lounging on the beach \"while towns all over America were being wiped out” by Hurricane Helene. ![\\"false\\"](\\" ![\\"false\\"](\\" By Samantha Putterman • September 30, 2024 * ![](\\" ![](\\" Social Media stated on September 30, 2024 in in social media posts: “Biden Announces: ‘2.4 billion more to Ukraine’ but ‘no more aid for Hurricane Helene.’” ![\\"false\\"](\\" ![\\"false\\"](\\" By Jeff Cercone • September 30, 2024 * ![](\\" ![](\\" Facebook posts stated on September 24, 2024 in a post: “Olympic boxer Imane Khelif fails gender test, stripped of all titles, lifetime ban and $25 million prize money revoked!” ![\\"false\\"](\\" ![\\"false\\"](\\" By Grace Abels • September 30, 2024 * ![](\\" ![](\\" Donald Trump stated on September 30, 2024 in a press conference in Georgia: Georgia Gov. Brian Kemp was calling President Joe Biden after Hurricane Helene but \"hasn\'t been able to get him.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Caleb McCullough • September 30, 2024 * ![](\\" ![](\\" Viral image stated on September 29, 2024 in an Instagram post: “Video shows Kamala (Harris) responding to someone talking through her earrings that she allegedly wore during the Trump vs. Harris debate.” ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Ciara O\'Rourke • September 30, 2024 * ![](\\" ![](\\" Elissa Slotkin stated on September 30, 2024 in a Meta ad: U.S. Senate candidate Mike Rogers “believes he should make that decision” about whether to end pregnancies. ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Caleb McCullough • September 30, 2024 * ![](\\" ![](\\" Tim Sheehy stated on September 27, 2024 in an ad: U.S. Sen. Jon Tester “voted to give taxpayer-funded health care to illegal immigrants.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Louis Jacobson • September 30, 2024 * ![](\\" ![](\\" Instagram posts stated on September 26, 2024 in an Instagram post: “Kamala involved in P-Diddy’s rapes and assaults.” ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Sofia Ahmed • September 30, 2024 * ![](\\" ![](\\" Kamala Harris stated on September 10, 2024 in the ABC News presidential debate: “Donald Trump said he was going to allow Medicare to negotiate drug prices. He never did. We did.” ![\\"true\\"](\\" ![\\"true\\"](\\" By Jacob Gardenswartz • September 30, 2024 Load more ### Support independent fact-checking. Become a member! In a world of wild talk and fake news, help us stand up for the facts. 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In Florida any woman who has an abortion after six weeks and any doctor who gives her care will be guilty of a felony