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FACT BRIEF

Are there penalties in Wisconsin for people who take an abortion pill?

By Tom Kertscher
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NO

Abortion is generally illegal in Wisconsin, but state laws do not penalize those who get one.

Wisconsin’s 1849 abortion law, reinstated after the June 2022 repeal of Roe v. Wade, prohibits abortion except when “necessary to save the life of the mother.”

A 2011 state law required that abortion-inducing drugs be prescribed by a physician who examines the patient and is present when the pills are taken.

Both laws carry felony penalties for providers, but people who receive an abortion are exempted from any penalties. Wisconsinites may obtain the pills in a neighboring state where abortion is legal.

An April 7, 2023 ruling by a federal judge in Texas would revoke the U.S. Food and Drug Administration's approval of mifepristone, one of two main pills used in medication abortions. The decision is stayed to give the FDA time to appeal. 

See a full discussion of this at Wisconsin Watch
This fact brief is responsive to conversations such as this one.
Sources
Wisconsin State Legislature 940.04 Abortion
Wisconsin State Legislature Prescription and use of abortion-inducing drug
Wisconsin Public Radio FDA OKs pharmacies to provide abortion pill, but in Wisconsin things are more complicated
Kaiser Family Foundation Q & A: Implications of Two Conflicting Federal Court Rulings on the Availability of Medication Abortion and the FDA’s Authority to Regulate Drugs
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Wisconsin Watch
Wisconsin Watch, the news arm of the nonpartisan, nonprofit Wisconsin Center for Investigative Journalism, increases the quality and quantity of investigative reporting in Wisconsin, while training current and future investigative journalists. Its work fosters an informed citizenry and strengthens democracy.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.