abortion tennessee
Tennessee abortion law. Exceptions…
<p>Explain which is better, a affirmative defense or an “exception” with regard to abortion when mother is in danger or abortion when fetus is not viable or abortion for rape or incest.</p>

<p>There is no &quot;exception&quot; under Tennessee law, but there is an <a href="https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-21-heartbeat-bill.pdf" rel="nofollow noreferrer">affirmative defense</a>, §39-15-216(e)</p>
<blockquote>
<p>(1) Subject to compliance with subdivision (e)(2), it is an
affirmative defense to criminal prosecution for a violation of a
provision of this section that, in the physician's reasonable medical
judgment, a medical emergency prevented compliance with the provision.</p>
<p>(2) In order for the affirmative defense in subdivision (e)(1) to
apply, a physician who performs or induces, or attempts to perform or
induce, an abortion because of a medical emergency must comply with
each of the following conditions unless the medical emergency also
prevents compliance with the condition:</p>
</blockquote>
<p>and then there is a list of things that have to be true.</p>
<p>An exception, had the law been written to encode an exception, would probably have said &quot;Notwithstanding everything else in this section, it is not a violation of subdivision (c)(1) is...&quot;, with the same conditions as with the affirmative defense. From the perspective of the physician subject to prosecution an exception is better: the defendant has to prove the applicability of the defense and has to provide sufficient evidence that those conditions are true. With an exception, the burden of proof rests on the prosecution, who have to prove beyond reasonable doubt that the exception conditions are lacking.</p>
<p>This distinguishes the two possible treatments of cases where abortion might be legal in Tennesee, such as medical emergency, but does not include rape or incest where abortion is categorically illegal.</p>
