Nevada’s law is unique in explicitly criminalizing abortion itself rather than the provider. Other states use adjacent statutes targeting child abuse or drug use during pregnancy. The settlement comes as Nevada voters prepare to decide whether to enshrine abortion rights in the state constitution.
Patience Rousseau will receive $100,000 from Nevada following a settlement approved by the Board of Examiners on Feb. 18. The payment concludes an eight-year legal battle after Rousseau became the only person ever charged and convicted under the state’s 1911 law criminalizing drug-induced abortion after 24 weeks of pregnancy.
The settlement marks the end of a case centering on Nevada’s unique statute—the nation’s only law explicitly criminalizing the woman who terminates her pregnancy rather than the provider. Other states use adjacent statutes targeting child abuse, concealing a birth, or drug use during pregnancy.
The Case
Rousseau’s legal troubles began in 2018 when she delivered a stillborn baby in Winnemucca. She was uncertain of her pregnancy timeline and had scheduled an abortion appointment in Reno but was unable to reach it due to a broken-down car. Searching the internet for ways to end an unwanted pregnancy, she consumed large amounts of cinnamon and attempted to lift heavy objects—neither scientifically linked to pregnancy termination.
Forty days after the stillbirth, Rousseau, then 26 years old, was arrested and charged with felony manslaughter under the 1911 statute. Prosecutors argued that her use of methamphetamines and marijuana during pregnancy was intended to induce a miscarriage, though they could not prove the drugs caused the stillbirth.
At the encouragement of her public defender, Rousseau pleaded guilty and served more than two years in prison beginning in 2019. A Nevada district judge vacated her conviction in 2021, ruling she had received ineffective assistance of counsel. The case was officially dismissed in 2025.
Laura FitzSimmons, the Carson City-based lawyer who represented Rousseau from 2020 onward, witnessed firsthand that the state’s law stood apart. Abortion rights advocate Farah Diaz-Tello made the distinction clear: “Even in the states with the most draconian abortion bans, there is language explicitly saying that a person who has an abortion has not committed a crime. Not Nevada.”
Nevada’s Unique Position
Abortions are legal in Nevada for any reason through 24 weeks of gestation. After that point, abortion is permitted only if the life or health of the pregnant person is endangered. Yet unlike other states that restrict abortion, Nevada is the only state with a law explicitly criminalizing the woman who obtains one.
In the 2025 legislative session, State Sen. Rochelle Nguyen, a Democrat from Las Vegas, introduced Senate Bill 139 to overturn the 1911 statute. The bill died without receiving a hearing. According to the New Republic, Senate Democratic leadership and pro-choice groups deprioritized the effort in order to focus on a ballot measure aimed at protecting abortion rights.
That ballot measure, Question 6, was approved by Nevada voters by nearly a two-thirds majority in November 2024. It would enshrine the right to abortion up to 24 weeks in the state constitution. The measure requires approval again in November 2026 before it becomes law.
The Human Cost
Rousseau told the Nevada Independent on Feb. 18 that she was grateful for the settlement but had “lost a lot of hope that I’m still struggling to get back.” She said she struggles with trauma from the case and faces community stigma despite her conviction being overturned.
After her release from prison, Rousseau moved to South Dakota, where she now works and raises three children. She said the settlement would provide financial relief but would not resolve deeper struggles. Young women facing unplanned pregnancy often lack support, she said, offering her assessment of what communities should do: “They don’t feel like they can care for another child, whether it’s their living situation, their financial situation, they’re struggling or barely making it by.”
As a single mother, Rousseau said the payment would help with immediate expenses. “I can cushion everything, but it’s not going to fix my problems,” she said.