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by aziaziazi·3y ago·view on hn ↗
> use it to prosecute someone for seeking an abortion.

the word “prosecute” intrigues me, how does this work / what people fear? Not familiar with US states legal system…

1. Resident of a state A should follow A’s law even when traveling to state B. That seems weird to me as states/countries usually don’t bind you to their law when you leave their borders. They do it (see “intelligence” agencies) but this seems exceptions. My country won’t send James Bond to catch me smoking pot in South Africa.

2. Resident of state A get an abortion in state B, then sherif of state A got you on their list and wait you at the border and find a legal but absurd way to piss you off as a punishment, eg: waiting for you to double-park where you shouldn’t. Not a good exemple -as a biker I hate cars stationing on my lane- but you got the point.

3. Same as 2. but the sherif lie, eg: “you crossed that red light” (you didn’t). I guess sherif word is more “trustworthy” that yours…

3 comments
> Resident of a state A should follow A’s law even when traveling to state B. That seems weird to me as states/countries usually don’t bind you to their law when you leave their borders. They do it (see “intelligence” agencies) but this seems exceptions. My country won’t send James Bond to catch me smoking pot in South Africa.

Funny enough, South Korea has explicit laws prohibiting citizens from consuming drugs in other countries, even when it's legal in those countries. [1]

I don't think this would pass muster under the U.S. Constitution, though.

1. https://en.wikipedia.org/wiki/Drug_policy_of_South_Korea#Kor...

There are a few federal laws in the US that prohibit exploiting children sexually, even if done outside the country and in a country where it is legal.

https://www.justice.gov/criminal-ceos/citizens-guide-us-fede...

Generally a you can't criminalize an action outside your area of jurisdiction.
Seems like the Supreme Court of the US will have to eventually decide how general that "generally" means because states are certainly trying[1].

[1] - https://www.nbcnews.com/health/womens-health/idaho-most-extr...

Prosecute may be inaccurate, some states have enacted laws that allow for civil suits to be filed in response to abortions, but not necessarily criminal prosecution. The idea there was to use those suits to dissuade against abortion rather than outlawing it, but now that Roe has been struck down, states don’t need to go this route.

But I believe there also are states that have passed laws against leaving the state to get an abortion and then returning. I don’t think these have yet been challenged on jurisdictional grounds.