re: #40 auldtrafford

Actually, the section of the Virginia code also has parts D, E & F (google Virginia Criminal Code - not hard to find - maybe more than 5 seconds, but not much). And Part F says:

Now, you will look at that and say - well, that’s where a physician has caused the death. But statutory interpretation is a slippery job, and the rule tends to be that you interpret statutes so as not to impose criminal liability. Here the argument would be: there are two ways to read the statute: the way you are reading it, and “performance of any act … in violation of this section OR performance of a procedure by a physician in violation of this section.”

In this case, you can follow the link and listen to a frustrated deputy sheriff who obviously wants to prosecute, and reference to a similar, earlier case. Also discussion about legislators who refuse to touch the statute for fear of alienating abortion activists.

So - all you Virginia lawyers commenting here: fine. But apparently there are some others also pretty familiar with Virginia law that don’t think it is as clear as you do.

I am a law student, and your version of “statutory interpretation” is absolutely, completely, totally ridiculous. Any court and any prosecutor would see that “or” as linking “acts” and “procedures” done “by a physician.”