here's the catch....

Smith charged the boy under a state law passed in 1999 - called the "Prenatal
Protection Act" - that states only the person assaulting a pregnant woman
resulting in a miscarriage is criminally liable. The pregnant woman, no matter
how complicit in the termination, is not.

If that provision had not been written into the statute, it would have clashed
with the federal law that allows abortions under the landmark 1973 Roe v. Wade
U.S Supreme Court decision


This goes back to the questions I asked eons ago: How can abortion be
legal in the 34 states that have fetal homicide laws?