What is pregnancy criminalization?

Pregnancy criminalization occurs when a pregnant person is arrested for reasons related to their pregnancy or when terms of bail, sentencing, or probation are tightened because they become pregnant after they are charged with an unrelated crime.

In most cases, pregnancy provides a “but for” factor, meaning that but for the pregnancy, the criminal penalty taken against the pregnant person would not have occurred.

Where are these cases from?

This report looks at cases of criminalized pregnancy from January 1, 2006 through June 23, 2022, the day before the Dobbs v. Jackson Women’s Health Organization decision that overturned Roe v. Wade. Pregnancy Justice identified cases of criminalized pregnancy via legal databases, referrals from experts, the organization’s own involvement in cases, and media coverage. Case documentation was gathered from public records requests, court dockets, internet searches, and direct contact with the attorneys or parties involved in the cases. The case materials were reviewed and data about the cases were collected systematically. Only categories that contain five or more cases are displayed in the graphs on this page.

Explore the data below by using the […]