From Deseret News archives:

Charge dismissed against Naples teen who solicited beating

Published: Sunday, Nov. 22, 2009 12:00 a.m. MST
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VERNAL — The case against a teenage girl who paid a man $150 to beat her in an effort to miscarry her unborn child has been dismissed.

In a ruling issued last week, 8th District Juvenile Judge Larry A. Steele dismissed the petition against the girl, which contained one allegation of criminal solicitation to commit murder.

Steele, in a five-page decision, said the Utah code that defines abortion is "unambiguous" when it states, "A woman who is seeking to have or obtains an abortion for herself is not criminally liable."

"The Legislature would not approve of any court rewriting their statutes or finding loopholes around clearly stated statutes," Steele wrote in dismissing the case. "The relevant statute is not a loophole — it is a clearly stated rule of law."

Naples police said the girl, 17, encountered Arron N. Harrison on May 20 and she offered to pay him $150 to beat her, in the hopes that she would miscarry her baby. Harrison punched the girl in the stomach as many as five times, slapped her on her face and bit her on the neck, according to court records.

Harrison, 21, pleaded guilty to attempted murder and was sentenced to up to five years in prison.

Rep. Carl Wimmer, R-Herriman, has said he will take action to seek to have the Legislature amend the statute Steele cited in his ruling. Wimmer said he was "absolutely outraged" at the decision and plans to "close that loophole for good."

— Geoff Liesik

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