civil-law texas-sb8
Texas Abortion Law - Are Utilities, Licensing Bodies and Local Government subject to liability under the law
<p>Under the new Texas Abortion Law would the following be liable for a $10,000 fine</p>
<ul>
<li>Utility Companies such as Power, Phone Broadband  providing power to the clinics</li>
<li>Local Government for providing infrastructure to the clinics</li>
<li>Suppliers of medical equipment</li>
</ul>
<p>The law states that civil action may be brought against anyone who</p>
<blockquote>
<p>(2)  knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or
otherwise, if the abortion is performed or induced in violation of privacy this subchapter, regardless of whether the person knew or should have known that the abortion would be performed or induced in
violation of this subchapter;</p>
</blockquote>
<p>Can providing supplies, infrastructure or power be considered &quot;aiding or abetting&quot;?</p>

<h2>No</h2>
<p>Those things do not constitute &quot;aiding or abetting&quot;, nor does the Texas law define them as such.</p>
<h2>The Actual law</h2>
<p>Sec. 171.208 of <a href="https://capitol.texas.gov/tlodocs/87R/billtext/html/SB00008E.htm" rel="nofollow noreferrer">the law known as Texas SB 8</a> reads in relevant part:</p>
<blockquote>
<p>(a)  Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who:<br />
(a) (1)  performs or induces an abortion in violation of this chapter;<br />
(a) (2)  knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise, if the abortion is performed or induced in violation of       this chapter, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this chapter; or<br />
(a) (3)  intends to engage in the conduct described by Subdivision (1) or (2).</p>
</blockquote>
<h2>Interpretation</h2>
<p>If the actions described in the question are covered by this law, it could only be if the fall under the category of:</p>
<blockquote>
<p>conduct that aids or abets the performance or inducement of an abortion</p>
</blockquote>
<p>which means that the definition of &quot;aids or abets&quot; is crucial. There is no definition given of this phrase in SB 8 except what is provided in  171.208(a)(2). Therefore &quot;aids or abets&quot;  must be taken to have its ordinary legal or general meaning, modified only by the provision that &quot;whether the person knew or should have known&quot; is not relevant to this law.</p>
<p>The <a href="https://www.law.cornell.edu/wex/aid_and_abet" rel="nofollow noreferrer">LII page on &quot;Aid and Abet&quot;&quot;</a> reads:</p>
<blockquote>
<p>To assist someone in committing or encourage someone to commit a crime. Generally, an aider and abettor is criminally liable to the same extent as the principal. Also called &quot;aid or abet&quot; and &quot;counsel and procure.&quot;</p>
</blockquote>
<p>The <a href="https://legal-dictionary.thefreedictionary.com/Aid+and+Abet" rel="nofollow noreferrer">entry on &quot;Aid and Abet&quot;</a> in the Legal Dictionary section of <em>The Free Dictionary</em> reads:</p>
<blockquote>
<p>To assist another in the commission of a crime by words or conduct.</p>
<p>The person who aids and abets participates in the commission of a crime by performing some Overt Act or by giving advice or encouragement. He or she must share the criminal intent of the person who actually commits the crime, but it is not necessary for the aider and abettor to be physically present at the scene of the crime.</p>
<p>An aider and abettor is a party to a crime and may be criminally liable as a principal, an Accessory before the fact, or an accessory after the fact.</p>
</blockquote>
<p>The <a href="https://www.macmillandictionary.com/us/dictionary/american/aid-and-abet" rel="nofollow noreferrer">definition from the <em>Macmillan Dictionary</em></a> reads:</p>
<blockquote>
<p>to help someone to commit a crime</p>
</blockquote>
<p>The <a href="https://definitions.uslegal.com/a/aid-and-abet/" rel="nofollow noreferrer">definition given by USLegal</a> reads:</p>
<blockquote>
<p>To aid and abet means to assist another person in the commission of a crime by words or conduct actively, knowingly, and intentionally. In a criminal offense, a person who aids and abets in a crime, participates in the commission of the crime by performing some overt act or by giving advice or encouragement. The person should be sharing the criminal intent of the person who actually commits the crime. However, it is not necessary for the aider and abettor to be physically present at the scene of the crime, or take part in the actual criminal offense ...</p>
</blockquote>
<p>The <a href="https://www.phrases.org.uk/meanings/aid-and-abet.html" rel="nofollow noreferrer">definition given by <em>The Phrase Finder</em></a> reads:</p>
<blockquote>
<p>To help and encourage, usually in the commission of a crime or anti-social act.</p>
</blockquote>
<p>All of these definitions include the idea of one who helps, encourages, or assists in the commission of a criminal or wrongful act. Most of them include that this help must be given knowing that the act is criminal.</p>
<p>I do not think that one could rationally or legally say that the provision of utility services, general infrastructure, or medical equipment constitutes &quot;aiding or abetting&quot; the conduct prohibited by Sec. 171.208. Such services or support are not provided specifically to help with the acts prohibited. If providing  utility services constitute &quot;aiding or abetting&quot; then utility companies could be charged as accessories to any and every crime that does not take place in a dark, unheated, unplumbed building, or in the outdoors. Insider trading, for example often takes place in the criminal's own office, but no one charges the utility company that provides power to such an office as accomplice to the crime.</p>
<p>I think this question shows a misunderstanding of what &quot;aid or abet&quot; means. it does not refer to any service or equipment that a criminal may find helpful, but only to acts specifically designed to help in the criminal act, and usually to acts committed knowing that they are aiding a crime.</p>
<p>Nothing in SB 8 changes this.</p>
<p>There may be problems with SB 8, but the possibility of charging utility companies, or providers of medical equipment as accessories is not one of them.</p>
