S-2955-119
Read twice and referred to the Committee on the Judiciary.
Sponsored by Jim Banks (R-IN)
What it does
This bill would add a new federal criminal offense to Title 18 of the U.S. Code. It would make it a federal crime to knowingly and intentionally administer an abortion-inducing drug to a woman without her informed consent, provided the drug was shipped or transported through interstate commerce. The bill would apply federal jurisdiction through the Commerce Clause hook of interstate drug shipment.
Who benefits
Women who are given abortion-inducing drugs without their knowledge or agreement — including victims of reproductive coercion by intimate partners, family members, or others. Prosecutors who would gain a federal criminal tool to pursue such cases. Advocates for bodily autonomy and informed medical consent broadly. Law enforcement agencies that would have clearer federal jurisdiction over these acts.
Who is hurt
Individuals convicted under the new statute, who would face federal criminal penalties. States that currently handle similar conduct under existing assault, poisoning, or reproductive coercion laws may see federal jurisdiction expand into areas traditionally governed by state criminal law. Defense attorneys and civil liberties groups concerned about federal criminal law expansion. Depending on how "abortion-inducing drug" is defined in the final text, there is potential for ambiguity affecting pharmacists, healthcare providers, or others involved in lawful medication dispensing.
Supporters argue
Supporters argue that administering any drug to a person without their informed consent is a serious violation of bodily autonomy, and that covertly giving a woman an abortion-inducing drug is a particularly severe form of reproductive coercion. They contend that existing state-level assault and poisoning statutes are inconsistently applied and may not adequately address this specific harm, making a uniform federal standard necessary. They further argue that the interstate commerce jurisdictional hook is well-established and that the bill fills a clear gap in federal criminal protection for women.
Opponents argue
Opponents argue that covertly drugging another person is already prosecutable under existing state laws — including assault, battery, and poisoning statutes — and that creating a separate federal offense based specifically on the type of drug involved is unnecessary and potentially ideologically motivated. They contend that singling out "abortion-inducing drugs" as a distinct federal category could be used to stigmatize or complicate access to medications like mifepristone that are also used for lawful purposes, and that the bill's scope and definitions could create legal uncertainty for healthcare providers and pharmacists operating within the law.
Constitutional context
Congress's authority to criminalize this conduct rests on the Commerce Clause, using the interstate shipment of the drug as the jurisdictional hook — a well-established mechanism for federal criminal statutes. The Fifth Amendment's due process protections and the Sixth Amendment's rights to counsel and jury trial would apply to any prosecution. Because the bill targets conduct involving abortion-related medications in the post-Dobbs landscape, it may intersect with ongoing legislative and judicial debates about federal authority over abortion access, though the bill's narrow focus on non-consensual administration is constitutionally distinct from broader abortion regulation.
Checks and balances
The executive branch (DOJ and federal prosecutors) would gain new authority to bring federal criminal charges; Congress sets the offense and penalties by statute, and federal courts provide judicial review of prosecutions and constitutional challenges.
Historical precedent
The Violence Against Women Act (VAWA) and related federal statutes have previously used the interstate commerce hook to federalize crimes — such as interstate domestic violence — that were traditionally handled by states, establishing a precedent for this type of federal jurisdictional reach into interpersonal violence.