Jessica Burgess, 42, pleaded guilty in July to multiple charges, including tampering with human remains, false reporting, and providing an abortion after 20 weeks of gestation, which is illegal in Nebraska. On Friday, Madison County District Judge Mark Johnson sentenced Burgess to one year in prison for each count, with the first two counts running concurrently and the sentence for the abortion count to run after the first two, resulting in a two-year sentence.

Burgess's attorney, Brad Ewalt, had sought probation for his client, but the judge rejected this request, stating that Burgess had demonstrated a lack of respect for the fetus and the law. The judge expressed concern that Burgess had treated the fetal remains as "yesterday's trash" and emphasized that society expects and demands more respect for human life.

The case began when Norfolk police received a tip about the abortion and launched an investigation. Police obtained a search warrant to access Facebook messages exchanged between Jessica and Celeste Burgess, in which the two discussed terminating the pregnancy and disposing of the evidence. Authorities subsequently discovered the burned fetal remains buried in a field north of Norfolk.

During the plea hearing, Jessica Burgess admitted to assisting her then-17-year-old daughter in ending her pregnancy. As part of the plea agreement, charges of concealing the death of another person and abortion by someone other than a licensed physician were dismissed. Celeste Burgess, now 19, was previously sentenced to 90 days in jail and two years of probation for her role in burning and burying the fetus.

Both mother and daughter were present in court on Friday, and they wept as Jessica Burgess was taken into custody to begin serving her sentence. She will be eligible for release after serving approximately one year.

The case has gained attention in Nebraska, especially in the context of ongoing debates about abortion laws. The abortion performed by Jessica Burgess, which occurred well into the third trimester, violated Nebraska's previous ban on abortions after 20 weeks of gestation. Critics of the state's abortion restrictions have cited this case as evidence that women seeking abortions could potentially face criminal prosecution.

Nebraska lawmakers had attempted to pass stricter abortion laws during the legislative session, including a six-week ban, but these efforts were unsuccessful. However, they did pass a 12-week ban as an amendment to a bill restricting transgender youth's access to gender-affirming care. The American Civil Liberties Union has filed a lawsuit challenging the abortion ban and the transgender care bill, arguing that they violate a Nebraska constitutional requirement that bills stick to a single subject.

The sentencing of Jessica Burgess comes in the wake of the U.S. Supreme Court's decision to overturn Roe v. Wade, a landmark case that had established a constitutional right to abortion for 50 years. The implications of this decision have raised concerns about the future of reproductive rights and access to abortion.