If a law still exists but it has been invalidated by a court, is such an act against that law still "illegal"?

Question

As an example,
Laws against abortion still exist in some states, but a similar Texas law was shown to be unconstitutional (Roe v. Wade). Would one still consider abortion to be 'illegal' but courts will not convict due to the precedent from Roe v. Wade. I am not looking for an analysis of the law, I am just wondering what the specific terminology is.

Basically, if a law prohibits something, but someone clearly won't be prosecuted for it because a higher court has decided upon similar facts, would I still consider an act to be 'illegal' but with no possibility to be prosecuted?

Obviously the law has no effect, but is the act still 'illegal'?

Answer 1

Once a law has been deemed unconstitutional, there can be no punishment for the action the law claimed was illegal.

Answer 2

If a law is ruled unconstitutional then it is invalid and commiting the act prohibited by that law is not a crime because the law is invalid. If the law is invalid for some other reason, perhaps because it is vague, then part of it may be invalidated by the court and the other sections of the law could remain in effect. Then you would have to see what provisions were still in force. The basic standard is that you cannot violate an invalid law so your action would not be illegal.

Note: Of course, you might violate some OTHER law at the same time and THAT law would make your act illegal. Lots of things that are illegal violate more than one law.

Answer 3

A law that was repealed has no more effect. Thus, a person violating the said law can no longer be charged in court.

Answer 4

Riddle me this Batman.....In Missouri they consider life to begin at conception but they wont allow you to drink until you are 21 but shouldn't it be when you are 20 years and 3 months old?