Abortion laws

Prior to 1973 and the Roe v. Wade decision by the Supreme Court (410 U.S. 113 (1973)), the regulation of abortion was left to the states. In Roe v. Wade, the Supreme Court decided that the Constitution protected a woman's right to abortion, a novel right said to be found in the unstated right to privacy, from state regulation during the first trimester of pregnancy. However, the Court also held that the states have an "important and legitimate interest in protecting the potentiality of human life." The abortion controversy has revolved around the states' consequent attempts to protect unborn life. The Supreme Court's patchwork of opinions following Roe has left abortion a highly unsettled area of law. Many statutes reflect state attempts at balancing a woman's right to choose an abortion with the state's compelling interest in protecting fetal life.

The statutes in this chapter are as they currently appear in the state codes. Interestingly enough, some of the statutes may be unconstitutional if challenged, based on prior Supreme Court rulings. Following are the general areas of abortion legislation and the Supreme Court's treatment of each:

• Parental Consent. States may require a minor seeking an abortion to obtain the consent of a parent or guardian as long as there is an adequate judicial bypass procedure.
• Informed Consent. A state may require a physician to provide a woman with such information such as alternatives to abortion, sources of financial aid, development of the child, and the gestational age of the child. Prior to 1992, informed consent provisions were unconstitutional.
• Spousal Consent. A state may not require a married woman to obtain her husband's consent before undergoing an abortion.
• Abortion Method. A state may not require the physician performing the abortion to use the technique providing for the best opportunity for the unborn child to survive the abortion.
• Second Physician. A state may not require that a second physician attend the abortion to take immediate control of the care of a child born alive in an abortion unless the provision has an exception for a situation when the health of the mother was endangered.
• Waiting Period. A twenty-four hour waiting period does not constitute an undue burden on a woman's decision to abort and, therefore, is constitutional. Prior to 1992, waiting period requirements were unconstitutional.
• Parental Notice. A state may require that one parent be notified of a minor's abortion, but not two.
• Fetal Remains. States may not require that the remains of the unborn child are disposed of in a "humane and sanitary" manner as it may suggest a mandate for some sort of "decent burial."

Table 22: Abortion

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
ALABAMA 13A-13-7; 26-21-1 to 8; 22-5	Willfully administers by drug, substance, instrument which induces abortion or miscarriage. Partial Birth Abortion (26-23-1 to 26-23-6): Any physician who performs a partial birth abortion within this state and thereby kills a human fetus shall be guilty of a Class C felony and upon conviction shall be punished as prescribed by law. (except to save life of mother.)	Necessary purpose to preserve life, health of mother or where fetus is not viable	Fine of $100 to $1,000 and imprisonment to 12 months; abortion of viable fetus: Class A felony; violation of regulations concerning abortion procedures: Class C felony	Written consent of parent or guardian to perform abortion on unemancipated minor or judicial waiver of consent		Abortion of viable fetus must be performed by a physician, in a hospital, with concurrence of 2nd licensed physician as to viability
ALASKA 18.16.010–18.16.090	Knowingly doesn't meet standards for legal abortion. Partial Birth Abortion (§18.16.050): Partial birth abortion unlawful unless to save life of mother when no other medical procedure would suffice	Terminate pregnancy of nonviable fetus	Fine to $1,000 and/or imprisonment up to 5 years; partial birth abortion: Class C felony	Of patient or one parent or guardian if unmarried, unemancipated patient less than 18, except in medical emergency or judicial waiver of consent	30 days before procedure	Licensed M.D., by State Medical Board hospital or facility approved by Dept. of Health & Social Services
ARIZONA 13-3603; 36-2152	By drug, instrument with intent to procure miscarriage (unless necessary to save mother's life). Partial Birth Abortion: Felony unless to save the life of the mother if no other medical procedure would save the mother's life	Necessary to preserve life of mother	Imprisonment 2 to 5 years	Written consent of one parent or legal guardian if unmarried or unemancipated patient is under 18, except by court order or medical emergency

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
ARKANSAS 5-61-101 to 102; 20-9-302; 20-16-601; 20-16-701 to 707; 20-16-801, et seq.	Intentional termination of pregnancy with intent other than to increase probability of live birth or to remove dead or dying fetus, when fetus is viable. Viable fetus defined as one which can live outside the womb; fetus is presumed nonviable prior to end of 25th week of pregnancy. Partial Birth Abortion (§§5-61-201 to 5-61-204): Felony unless to save the woman's life when no other form of abortion would suffice for that purpose	Abortion of viable fetus permitted when necessary to preserve life of mother, or where pregnancy is result of rape or of incest of minor; written certification by licensed physician required	Fine to $1,000 and imprisonment 1 to 5 years (Class A misdemeanor)	If minor or incompetent, written notice to parent or guardian required at least 48 hours before procedure, except by court order, medical emergency, upon declaration of child abuse, neglect, incest, parents' whereabouts unknown, or parent and minor have not been in contact for at least 1 yr.; informed consent of mother required (§20-16-903)		Physicians must be licensed to practice medicine in state
CALIFORNIA Health & Safety §§123460 et seq., 123450	Performed by unauthorized person	Any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth	In case of unemancipated minor: misdemeanor, fine up to $1,000 and/or imprisonment in county jail up to 30 days	In case of unemancipated minor, written consent of minor and one parent or legal guardian, or by order of petition to Juvenile Court or in a medical emergency requiring immediate medical attention		Approved hospital and unanimous approval of medical committee of hospital (unless the health of mother impaired or rape or incest); certified physician/surgeon

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
COLORADO 18-6-101 to 105 (portions declared unconstitutional by People v. Norton, 181 Co. 47, 507 P.2d 862 [1973] although they have not been repealed)	Ends or causes pregnancy to be ended by any means other than justified medical termination or birth	Intentional ending of pregnancy by licensed physician using accepted medical procedures and as required, with appropriate consent. Continuation of pregnancy likely to result in death or permanent physical or mental impairment of mother, or child born with grave mental or physical retardation, or within first 16 weeks of pregnancy and pregnancy result of sexual assault or incest. Court declared unconstitutional, but not repealed	Class 4 felony but if woman dies class 2 felony	Mother; mother and father, if married; mother and parent/guardian if under 18 years; if married, mother and her husband (although similar parental consent declared unconstitutional under Planned Parenthood of Missouri v. Danforth, 428 U.S. 52 (1976).		Licensed physician using accepted medical procedures in a hospital licensed by Dept. of Public Health and Environment
CONNECTICUT 19a-600, et seq.		Pregnant woman's decision to terminate pregnancy before viability—after viability, only to preserve life or health of pregnant woman		Minors (persons less than 16 years) must be provided with information and counseling and then sign and date standard form (unless medical emergency)
DELAWARE Tit. 11 §654, Tit. 24 §1766; Tit. 24 §§1780-1795	By drugs or act done with intent to cause termination of pregnancy	Continuation of pregnancy would result in death or injury to mother; mental and/or physical retardation of child or pregnancy result of rape or incest or unlawful sexual intercourse, but must be performed within first 20 weeks	Felony; maximum fine of $5,000 and imprisonment 2 to 10 years	24 hour waiting period following written consent and full explanation of procedure; if unmarried and under 18 or mentally ill or incompetent, consent of parent	120 days before procedure unless employed in state or patient of state-licensed M.D. prior to conception or medical emergency	Licensed M.D., national accredited hospital; approval of hospital abortion review board
DISTRICT OF COLUMBIA 22-101, repealed D.C. Law 15-(Act 15-255)

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
FLORIDA 390.011, et seq.; 797.02; 797.03	Termination of pregnancy during last trimester which does not meet requirements of legal abortion. Partial Birth Abortion: Prohibited except when necessary to save the life of the mother when her life is physically endangered and no other medical procedure would suffice for that purpose	Regulated only in last trimester, necessary to save life or preserve health of mother and requires 2 physicians' certifications of medical necessity unless one physician certifies need for emergency medical abortion and no 2nd physician available	Third degree felony; imprisonment to 5 yrs. or 2nd degree misdemeanor; up to 60 days imprisonment for performing abortion in unlawful place; Fines: 3rd degree felony, up to $5,000; 2nd degree misdemeanor, up to $500	Voluntary written consent of mother or of the court-appointed guardian of a mentally incompetent woman, except in a medical emergency [§390.01115 held unconstitutional in North Florida Women's Health and Counseling Services, Inc. v. State, 2003 WL 21546546 (Fla. July 10, 2003)]		Validly licensed hospital, or medical facility; third trimester only in hospital
GEORGIA 16-12-140 et seq.; 15-11-110 et seq.	By administering medicine, drugs, or substance or using instrument with intent to procure miscarriage or abortion. Partial Birth Abortion: Unlawful except to save the mother's life when that life is physically endangered and no other medical procedure will suffice to save her life	After 1st trimester, must be performed in licensed hospital or health facility; after 2nd trimester, physician and 2 consulting physicians must certify it is necessary to preserve life or health of mother	Imprisonment 1 to 10 years; partial birth abortion: $5000 and/or imprisonment for up to 5 yrs.	Except in medical emergency, written, informed consent of parent or guardian of unemancipated minor under the age of 18; parent must have 24-hour notice before scheduled abortion, unless waived or unless minor obtains judicial approval that minor is either mature enough to decide without parents' consent or parents' consent is not in best interests of the minor		First trimester: licensed M.D.; second trimester: licensed M.D. and licensed hospital or health facility
HAWAII 453-16	Failure to meet standards for legal abortion	Terminate pregnancy of nonviable fetus	Fine to $1,000 and/or imprisonment to 5 years		90 days immediately preceding abortion	Licensed M.D. or osteopath, licensed hospital

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
IDAHO 18-601 et seq.	Provides, supplies, administers drugs or substances to woman, or uses instrument with intent to produce abortion. Partial Birth Abortion: Unlawful except when necessary to save the life of the mother when it is physically endangered	In first and second trimesters: consultation between licensed M.D. and mother determination by M.D. that abortion is appropriate considering various mental, physical, family factors including circumstances of pregnancy (such as rape or incest). Third trimester: must be necessary to preserve life of mother or fetus and M.D. must consult another corroborating physician.	Felony; fine to $5,000 and/or imprisonment 2 to 5 years; mother, fine to $5,000, and/or imprisonment 1 to 5 years	Mother must give "informed consent" after information about development of fetus, adoption and other services, risks, etc.; abortion on minor requires written consent of parent unless minor is emancipated, has been given right to self-consent by court, or court finds abortion without consent of parent is in the best interest of the minor, or where medical emergency exists with no time to obtain consent		First trimester: in hospital or properly staffed clinic or physician's office with arrangements with nearby acute care hospital for complications or emergencies; second trimester: same as first except that procedure must be performed in licensed hospital and in the "best medical interest" of pregnant woman; third trimester: same as second except requires corroboration of consulting M.D. and procedure must be necessary to preserve life of mother or fetus
ILLINOIS 720 ILCS 510/1, et seq.; 750 ILCS 70/1, et seq.; act barred by permanent injunction by unpublished opinion from Zbaraz v. Ryan, No. 84 CV771 (N.D. Ill. 1996)	Use of any instrument, drug, or any other device to terminate pregnancy of a woman known to be pregnant with an intention other than to increase the probability of live a birth, to preserve the life or health of the child after live birth, or to remove a dead fetus	If fetus nonviable and abortion not necessary to preserve mother's health, M.D. must certify nonviability; if fetus is viable, abortion must be medically necessary to preserve life, health of mother; M.D. must certify this necessity	Fine to $1,000 and/or imprisonment 3 to 7 years for M.D. (Class 2 felony); if fetus could have survived with or without support and M.D. does not use method to keep it alive: Class 3 felony	48 hours prior to abortion procedure on an unmarried woman less than 18, written informed consent by minor and actual or constructive notice must be given to an adult family member; exceptions for medical emergency or judicial notice		Licensed M.D.

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
INDIANA 16-34-1-1 et seq.	Any abortion not as provided for in 1st or 2nd trimester. Partial Birth Abortion: A person may not lawfully or knowingly perform a partial birth abortion unless a physician reasonably believes it is necessary to save the life of the mother and that no other medical procedure is sufficient	During first trimester with mother's consent based on physician's professional and medical judgement; after first trimester but before viability, permissible with mother's consent and if performed in hospital or surgical center; after viability, procedure necessary to prevent impairment of life, health of mother and performed in hospital with premature birth care unit and with 2nd physician present	Class C felony; Statute, Class A misdemeanor for not meeting proper consent requirements	Written consent of mother, not applicable in emergency; if unemancipated minor under 18 yrs. old, performing abortion not in accordance with written consent of one parent or legal guardian; court can waive parental consent requirement; not applicable in emergency		First trimester: professional judgment of attending licensed M.D.; second trimester, before viability: same as first and licensed hospital; after viability: same as second and reasons for procedure regarding mother certified by M.D. to hospital.
IOWA 707.7; et seq.; §707.8A found unconstitutional, Planned Parenthood of Greater Iowa, Inc. v. Miller, 195 F. 3rd 386 (1999).	"Feticide": Intentional termination of human pregnancy after end of second trimester. "Abortion": Termination of a human pregnancy with the intent other than to produce a live birth or remove a dead fetus. "Partial Birth Equivalent": A person who intentionally kills a viable fetus aborted alive shall be guilty of a Class B felony.	Necessary to preserve life or health of mother or fetus; after end of second trimester with every reasonable effort made to preserve life of viable fetus	Class C felony (attempted feticide—Class D felony)			Licensed M.D.

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
KANSAS 65-6701 et seq.	To perform or induce abortion when fetus is viable, that is, in attending physician's best medical judgement, fetus is capable of sustained survival outside the uterus without extraordinary medical means	As long as fetus is not viable (and mother's informed consent obtained); abortion of viable fetus permitted if 2nd M.D. certifies that abortion is necessary to preserve life of mother or fetus has severe, life-threatening deformity or abnormality	Class A nonperson misdemeanor	Informed consent of all women before abortion (not applicable in emergency); notice must be given to one of unemancipated minor's parents or guardian (court can waive notice requirement on finding minor sufficiently mature or notice not in minor's best interest)		Licensed M.D.; 2nd M.D. (not financially associated with 1st M.D.) to certify abortion of viable fetus to preserve life of mother

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
KENTUCKY 311.710 to 830; 311.990; Various sections held unconstitutional by Eubanks v. Brown, 604 F. Supp. 141 (WD KY 1984).	Abortion after viability unlawful except to preserve life or health of woman, but abortionist shall take all reasonable steps to preserve the life and health of child; Partial Birth Abortion: unlawful except to preserve life or health of woman	M.D. determines abortion is necessary in his clinical judgement and with second opinion of M.D. and mother supplies informed consent. Permissible during first trimester; after viability of fetus, necessary to preserve life or health of mother	Aborting when M.D. did not believe it necessary or did not receive a written referral or violating notice to spouse provisions or violating any regulations on abortions after viability or use of saline method of abortion after first trimester is Class D felony; non-licensed physician performing abortion is Class B felony; performing abortion on viable fetus except to preserve life and health of mother: Class C felony; violating woman's consent provisions or aborting with reckless disregard of whether mother is minor is Class A misdemeanor	Written informed consent with 24-hour waiting period of mother; of one parent or guardian if mother under 18 and unemancipated, except when medical emergency or by judicial proceedings for court to waive parental consent; doctor must notify spouse if possible prior to abortion, if not possible, within 30 days of abortion [notification of spouse has been held unconstitutional by the attorney general. OAG 82-97.]		First trimester: by a woman upon herself with advice of licensed M.D.; after first trimester, advice of a licensed M.D. except must be in licensed hospital, except in medical emergency

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
LOUISIANA 14:87, et seq. 40:1299.31 to 40.1299.35.18	Deliberate termination of human pregnancy after fertilization of a female ovum, after viability by any person, even the woman herself, with intent other than to produce live birth, remove ectopic pregnancy, or remove dead fetus. Partial Birth Abortion: Unlawful except when necessary to save life of a woman endangered by physical disorder, physical illness, or physical injury when no other medical procedure would suffice	After viability or third trimester, any termination of pregnancy necessary to preserve life, health of mother and/or fetus; Also, 2nd physician must be in attendance for the abortion of a viable fetus.	Crime of abortion: 1-10 yrs., imprisoned at hard labor and $10,000–100,000 fine; Fine of not more than $1000 or imprisonment of up to 2 yrs. for violation (40:1299.31-1299.35.18); A person who kills a viable child during labor shall be sentenced to life imprisonment at hard labor, except when the death of the child results from an express act to save the life of the child or the mother.	Written informed consent of woman 24 hours prior to abortion; if unemancipated minor, signed consent of parent or guardian or court, except in medical emergency or if judicial consent		Licensed M.D. must make judgment of advisability or necessity of abortion, shall certify medical reasons for viability abortion, and procedure must be performed in licensed hospital
MAINE Tit. 22 §§1591 to 1599-A	Intentional interruption of a pregnancy by the application of external agents, whether chemical or physical, or the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus	Before viability by physician; after viability, only when necessary to preserve life or health of mother	Class D Crime: M.D. failing to perform any action required: fine up to $1000 for each violation, not taking reasonable steps to preserve life of live born child: subject to homicide, manslaughter and/or malpractice liability	Informed written consent by minor and consent of one parent/guardian required for persons under 18 yrs. old except in emergencies or if judicial consent is obtained; informed written consent of all women required		Licensed M.D.

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
MARYLAND Health & Gen. §§20-207 to 214; 20-103	Viability is defined as when, in M.D.'s best medical judgement, there is a reasonable likelihood of the fetus' sustained survival outside the womb	Performed before fetus is viable or at anytime where termination procedure is necessary to protect life, health of woman or fetus is affected by serious genetic defect/abnormality (procedure must be least intrusive and not inconsistent with established medical practice)	M.D. not liable if decision to abort made in good faith and in best medical judgment	M.D. may not perform an abortion on an unmarried minor unless M.D. first gives notice to parent or guardian, unless minor does not live with parent/guardian and reasonable efforts to give notice are unsuccessful or if in M.D.'s judgment notice to parent/guardian may lead to physical or emotional abuse, or the minor is mature and capable of informed consent or notice would not be in the best interest of minor		Licensed M.D.

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
MASSACHUSETTS Ch. 112§§12K to 12U	Failure to meet standards for legal abortion; violation of procedural standards such as informed consent, medical procedure required, etc. Knowing destruction of the life of an unborn child or the intentional expulsion or removal of an unborn child from the womb other than for the principal purpose of live birth or removing a dead fetus	Under 24 weeks, abortion may be performed only by M.D. and only if in M.D.'s best judgment the abortion is necessary under the circumstances; after 24 weeks M.D. must provide written statement that: 1) necessary to save life of mother; 2) continuation will impose substantial risk of grave physical or mental impairment; no procedure can be used which destroys or injures fetus unless in M.D.'s opinion other available procedures would be greater risk to mother or future pregnancies and all reasonable steps must be taken to preserve life, health of aborted child	Violation of standards of performing legal abortion: fine of $500 to $2,000 and/or imprisonment 3 months to 5 years; violation of written consent and physician filing requirements: $100-2000 fine	Written informed consent within 24 hours before procedure except in emergencies; if mother less than 18 years and unmarried, consent of both parents or guardians or court, if convinced of mother's maturity or that procedure is in mother's best interest, except in medical emergency		Licensed M.D. except in medical emergency; after 13th week, must be performed in licensed hospital

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
MICHIGAN MCL 750.14; MCL 722.901 et seq.; MCL 333.17016	Drug, substance, instrument, or device employed with intent to terminate pregnancy for a purpose other than to increase probability of a live birth, to preserve the health of the child, or to remove a dead fetus. Partial Birth Abortion: Unlawful except to save the life of a mother endangered by physical illness, physical injury, or physical disorder when no other medical procedure will suffice	After viability, when necessary to preserve life of mother	Felony: fine to $2,000 and/or imprisonment to 4 years; if mother dies, manslaughter, fine to $7,500 and/or imprisonment to 15 years; violation of parental consent requirement is a misdemeanor	No abortion may be performed on minor without her consent and that of one parent or guardian except in medical emergency; court may waive parental consent if minor is mature and well-informed so as to be able to make the decision, or waiver is in minor's best interest	Requirements apply even if minor is not resident
MINNESOTA 145.411 to 424 and 617.20 to 22	Failure to meet standards of legal abortion; sale or manufacture of drug, substance, or instrument intended for unlawful use in miscarriage or abortion procedure; act, procedure, or use of any instrument, medicine, or drug which is supplied, prescribed for, or administered to a pregnant woman which results in the termination of pregnancy	Before viability, by a trained M.D. After viability (second half of gestation), must be performed in hospital and necessary to preserve life, health of mother and procedure used will reasonably assure live birth. After 20th week, 2nd M.D. must be immediately accessible for any resulting live birth	Felony	Informed consent of mother		Licensed M.D., and licensed abortion facility or hospital if after first trimester

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
MISSISSIPPI 97-3-3, 5; 41-75-1, et. seq., 41-41-31 to 41-41-73	Willfully or knowingly by means of instrument, medicine, drug, or any other substance causing any pregnant woman to abort or miscarry; Partial Birth Abortion: prohibited unless necessary to save mother's life if no other medical procedure would suffice	Necessary to preserve mother's life; pregnancy result of rape	Felony: imprisonment 1 to 10 years; if mother dies, murder; if M.D. or nurse convicted, license will be revoked; misdemeanor: $25-200 and imprisonment up to 3 mos. if selling, giving away, possessing or in any manner anything causing unlawful abortion; Partial Birth Abortion: felony, up to $25,000 fine and/or 2 yrs. imprisonment	Written informed consent of the mother at least 24 hours before the abortion, except in emergency; unmarried woman under 18 must have written consent of both parents, with exceptions for medical emergency or judicial waiver		Licensed M.D.; prior advice of two licensed M.D.s required in writing
MISSOURI 188.010 to 230	Intentional destruction of the life of an embryo or fetus in the womb or intentional termination of pregnancy with intention other than live birth or removal of dead unborn child. Also, illegal to perform abortion for purpose of providing fetal organs/tissue for transplant or other purpose. Also, illegal to use public facilities, employees or funds for abortion, except where necessary to save mother's life	After viability, necessary to preserve life, health of mother; (method used must be one most likely to preserve life, health of fetus unless greater risk to mother)	Fine to $1,000; second degree murder to take the life of a child aborted alive; anyone not a physician attempting to perform an abortion or without privileges at hospital offering OB/Gyn care is guilty of Class B felony; Class A misdemeanor and revocation of M.D. or health practitioner's license for committing or assisting in unlawful abortion; failure to maintain confidentiality: misdemeanor	Prior, informed, written consent of mother; if mother is less than 18 and unemancipated, informed written consent of one parent/guardian or court order		Licensed M.D. only. After 16 wks., must be performed in hospital; after viability, licensed M.D. must certify abortion necessary including medical indicators and method to be utilized with reasoning for decision; second M.D. must be in attendance to aid fetus; at 20 weeks, M.D. required to determine whether fetus is viable, using ordinary skill and care and testing

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
MONTANA 50-20-101 to 112; 50-20-401; 50-20-201 et seq.	Use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child, or to remove a dead fetus. Partial Birth Abortion: Unlawful except to save the life of mother when endangered by physical disorder, illness, or injury when no other medical procedure would save the woman's life	After viability, if necessary according to M.D. to preserve life or health of mother; procedure utilized must not negligently or intentionally endanger life of fetus unless to preserve mother's life	Violation of infant protection; violation of abortion practices by M.D.: felony, fine to $1,000 and/or imprisonment to 5 years; violation of consent provisions or of inducing woman to have abortion: misdemeanor, fine to $500 and/or imprisonment to 6 months; no penalties may be placed on the mother; illegal partial birth abortion: felony with fine up to $50,000 and/or 5-10 yrs. in prison and permanent revocation of physician's license	Informed consent of mother 24 hours prior to procedure, signed by mother and her M.D. except when M.D. certifies necessary to preserve mother's life; or if delay will create serious risk of substantial irreversible impairment of major bodily function if under yrs. and unmarried, written notice of a parent/guardian except where medical emergency exists or where notice is judicially waived		Licensed M.D., after first 3 months in licensed hospital; after viability, M.D. must certify in writing necessity of procedure including grounds for decision plus two other M.D.s must confirm decision except when necessary to preserve mother's life
NEBRASKA 71-6901, et seq.; 28-325 to 347	Act, procedure, device, or prescription administered to a woman to produce premature expulsion, removal, or termination of the human life within the womb of the pregnant woman unless the child's viability is threatened by continuation of the pregnancy	Before viability or if woman is victim of abuse or neglect or if the M.D. has certification in writing that the continued pregnancy is a threat to woman's life, health	Class III misdemeanor: M.D. who performs abortion in violation of any standards	Unemancipated woman under 18 yrs. old or incompetent requires at least 48 hr. written notice to a parent or guardian by delivery or certified mail; court may waive requirements if find woman is mature; parent may authorize abortion in writing; voluntary and informed consent of woman 24 hours before abortion, except in emergency		Licensed M.D.

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
NEVADA §§442.240 to 270	Termination of a human pregnancy with an intention other than to produce the birth of an infant capable of sustained survival by natural or artificial support or to remove a dead fetus	Only within first 24 weeks unless necessary to preserve life, health of mother	Violation of notice or consent statutes: misdemeanor; failure to take steps to preserve life of infant: M.D. liable for malpractice and wrongful death	Informed consent of mother, certified by M.D.; if mother under 18, unemancipated and unmarried, actual notice to parent/guardian required before procedure unless immediately necessary to protect life, health of minor; if actual notice is unsuccessful, then M.D. must delay abortion until s/he has notified parent by certified mail; court may authorize abortion if mature or in minor's best interest		Licensed M.D. who must exercise "best clinical judgment"; licensed hospital after 24th week and records of mother must contain facts upon which M.D. based decision that continued pregnancy would endanger life, health of mother
NEW HAMPSHIRE		Death of fetus specifically not homicide. 630:1		§132:24 to :28 regarding parental consent held unconstitutional by Planned Parenthood of New England v. Heed, 296 F. Supp. 2d 59 (D.N.H. 2003)
NEW JERSEY (Abortion) repealed effective September 1, 1979. No replacement statute enacted (2A:65A6)	Partial birth abortion prohibited unless necessary to save life of mother (found unconstitutional 41 F. Supp. 2d 478. aff'd 220 F3d 127 (2000))

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
NEW MEXICO 30-5-1 to 3; 30-5A-1 to 5	Failure to meet standards of justified termination; or by administering medical drug or other substance or means whereby an untimely termination of pregnancy is produced with intent to destroy fetus and not a justified medical termination; Partial Birth Abortion: unlawful except to save the life of woman or to prevent great bodily harm to woman	Continuation likely to result in death or impairment of mother's mental or physical health or fetus likely to have grave physical or mental defect; or pregnancy result of rape or incest; partial birth abortion: prohibited except to save mother from death or great bodily harm and no other procedure will suffice; Partial Birth Abortion: 4th degree felony, up to 18 months imprisonment and possible fine up to $5,000.	Criminal abortion: fourth degree felony; abortion resulting in woman's death: second degree felony; illegal partial birth abortion: 4th degree felony, mother may not be prosecuted	Mother must "request" procedure; if under 18 the procedure must be requested by her and parent/guardian		Licensed M.D., licensed hospital, written certification of hospital board required (a committee of 2 licensed M.D.s and alternates who decide questions of medical justification of specific case)
NEW YORK Penal §125.05, §125.20, §125.40-60; Pub. Health §4164	(1) Failure to meet standards for legal abortion; (2) if causes mother to die; (3) if not within first 24 weeks; (4) administering or taking drugs or any other manner with intent to cause a miscarriage	Within first 24 weeks or necessary to preserve mother's life; if mother performs abortion it must be on the advice of M.D. within the first 24 weeks or to preserve her own life	If not justifiable abortional act and after 24 wks., Class E or D felony; if woman dies from act, Class B felony; self-abortion or issuing abortion articles, Class B or A misdemeanor			Licensed M.D.; after 12th wk., must be in hospital on in-patient basis. After 20th wk., 2nd M.D. must be present to handle medical care of any live birth
NORTH CAROLINA 14-44 to 46; 90-21.6 to 90-21.10	Willfully administer to mother, prescribe, advise, procure substance or instrument with intent to destroy child or procure miscarriage	First 20 weeks of pregnancy no medical requirements regarding mother or fetus; after 20 weeks, must be substantial risk that would threaten life, health of mother	Class H felony: Fine and/or imprisonment up to 10 years; Class I felony: Fine and/or imprisonment up to 5 years; Class 1misdemeanor for failing to obtain parental consent	Unemancipated minor needs written consent plus written consent of parent/guardian, exception for medical emergency or judicial waiver		Licensed M.D., licensed hospital or clinic

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
NORTH DAKOTA 14-02.1-01 to 12	(1) Non-licensed person performs abortion; (2) if licensed M.D. but doesn't conform to standards for legal abortion; termination of human pregnancy with an intention other than to produce a live birth or to remove a dead embryo or fetus	During 1st 12 wks., no restrictions. After viability, necessary to preserve life of mother or continuance would impair her physical or mental health and must be in a hospital	M.D.: Class A misdemeanor; anyone not M.D. who performs abortion: Class B felony; if M.D. does not take proper care to preserve life of unborn or born viable fetus: Class C felony; all other violations of N.D. Abortion Control Act: Class A misdemeanor	Informed consent of mother as certified by M.D. at least 24 hours before procedure; before viability, if mother is unemancipated minor M.D. must inform both parents or guardian at least 24 hours before minor's consent; or emergency or judicial waiver; after viability, husband's written consent, unless separated, or consent of a parent/guardian if mother is less than 18 years and unmarried, unless procedure is necessary to preserve life, health of mother; court can authorize abortion on minor without parental consent		Licensed M.D. using medical standards applicable; licensed hospital required after first 12 weeks of pregnancy as well as M.D. must certify facts and have 2 M.D.s concur with his medical judgement for abortion, unless medical emergency

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
OHIO 2919.11 to 18	(1) Failure to obtain informed consent; (2) taking life of fetus born alive or failing to provide reasonable medical attention to same; after viability, purposeful termination of a human pregnancy by any person, including the mother herself, with the intention other than to produce a live birth or remove a dead fetus	Performed or induced by a physician who determines in good faith that the fetus is not viable or to prevent the death or serious bodily injury of the pregnant woman	Violators guilty of unlawful abortion: first degree misdemeanor; second violation: fourth degree felony; purposely terminating child born alive or failing to take measures to save its life: guilty of abortion manslaughter, first degree felony	Informed consent of mother; if mother is unemancipated minor, parental informed consent also required with 24 hrs. "actual notice"; court may authorize minor to consent without parental notification; other family members over 21 may issue consent if minor in danger of physical, sexual, or emotional abuse from parent; constructive notice (of at least 48 hrs.) by both certified and ordinary mail allowed if parents or family members cannot be reached with reasonable effort		Licensed physician

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
OKLAHOMA Tit. 63§§1-730 to 741; 21§§713 to 714; 21§861; 21§684	(1)Non-licensed person performs abortion; (2) failure to meet standards for legal abortion; (3) taking life of viable fetus unless necessary to preserve life, health of mother or failure to provide medical aid to fetus; purposeful termination of a human pregnancy with intent other than to produce a live birth or remove a dead fetus. Partial Birth Abortion: Physicians shall be fined $10,000 and/or imprisoned for not more than 2 years for performing a partial birth abortion except when necessary to save the mother when her life is endangered by a physical disorder, illness, or injury	After viability, necessary to preserve life, health of mother (viability presumed after 24th week). If abortion is self-induced, must be under supervision of M.D.; after viability M.D. required to aid fetus, except in medical emergency	Person who administers or uses drugs or any other instrument to procure miscarriage unless to save life of mother: 2-5 yrs. imprisonment; if mother is pregnant with unborn quick child and child or mother dies: at least 4 yrs. imprisonment; person not M.D. performing abortion: 1 to 3 years in state penitentiary; anyone aborting viable fetus not to prevent mother's death or health impairment: homicide; willful killing of unborn quick child by injuring mother or any other means (drugs, medicines, instruments): manslaughter			Licensed M.D.; approved hospital required after first trimester; M.D. must certify necessity of procedure after viability, including factors considered

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
OREGON 435.435 to 990						No M.D. is required to give advice with respect to or participate in any abortion if refusal is based on election not to do so and M.D. so advises patient; no hospital employee or member of medical staff is required to participate in abortions if individual notifies hospital of such election

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
PENNSYLVANIA Tit. 18§§3201 to 3220	(1) Failure to obtain informed consent of woman; (2) failure to meet standards for legal abortion; (3) using any means to cause the death of an unborn child but not meaning use of intrauterine device or the birth control pill; (4) solely for the reason of the child's sex; (5) without making diagnosis of gestational age; (6) use of public funds, facilities, or officials	M.D. must find, in his clinical judgement, that abortion must be necessary or that a "referring M.D." has sent a written signed statement saying so; after viability, 24 wks., necessary to preserve life of mother or prevent serious risk of substantial and irreversible impairment of bodily function. Viability defined as when M.D., based on facts of particular case, finds reasonable likelihood of fetus' sustained survival outside the mother's body.	Failing to adequately care for viable fetus, M.D. violating medical consultation provisions, finding abortion necessary, violation of 2nd M.D. requirement: Felony in 3rd degree and license may be revoked; person inducing abortion in violation of consent standards: 1st offense: summary offense; 2nd and subsequent offenses: 3rd degree misdemeanor; violation of informed consent or spousal notification provisions (spousal consent found unconstitutional in Planned Parenthood of Southeastern Pennsylvania v. Casey, but remain in Pennsylvania's statue nontheless): guilty of "unprofessional conduct" and license may be revoked; violation of gestational age determination requirement: 3 mos. suspension of license and if falsification of records, misdemeanor in the 3rd degree	Except for medical emergency, physician must give information to mother at least 24 hours before abortion; if mother under 18 years and not emancipated, both mother's and one parent/guardian's informed consent required—court may authorize M.D. to perform abortion. If the woman is married, she must provide signed statement that she has notified her spouse of the abortion (Spousal consent found unconstitutional in Planned Parenthood of Southeastern Pennsylvania V. Casey, but remain in PA's statute nonetheless)		Licensed M.D., licensed hospital or facility (hospital after 24 wks. with 2nd M.D. to aid fetus

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
RHODE ISLAND 23-4.7-1 to 8; 11-9-18; 23-4.8-1 to 5; 23-4.12-1 to 6	(1) Failure to obtain informed consent (unless necessary to preserve life of mother); (2) failure to provide for any fetus born alive; administering to pregnant woman medicine, drug, instrument, etc. with intent to terminate pregnancy. Partial Birth Abortion is unlawful except to save the life of a woman endangered by physical injury when no other medical procedure would suffice, felony for abortionist, mother may not be charged. Partial birth abortion statute found unconstitutional in Rhode Island Medical Society v. Whitehouse		Physician who violates consent provisions guilty of "unprofessional conduct;" failure to provide medical care for infant born alive: fine up to $5000 and/or imprisonment 5 years; charge of manslaughter if baby dies	Informed written consent after required disclosures unless emergency; if mother under 18 years and unemancipated, parental consent of at least one parent required; court can consent; if married, husband must be notified if reasonably possible by physician or in written statement by woman unless separated or emergency

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
SOUTH CAROLINA 44-41-10 to 85	(1) Failure to meet standards for legal abortion; (2) self-abortion that does not meet standards for legal abortion; (3) use of instrument, medicine, drug, or other substance or device with intent to terminate pregnancy for reasons other than to increase probability of a live birth, preserve child's life or health, or to remove a dead fetus. Partial Birth abortion: physician performing is guilty of a felony and subject to $5,000 fine and/or no less than 5 years in prison except when performed to save life of mother endangered by physical disorder, illness, or injury when no other medical procedure would suffice.	First trimester, with mother's consent; second trimester with consent in hospital; third trimester, necessary to preserve life or health of mother; if basis is mental health must be so certified by two consulting M.D.s (one a consulting psychiatrist) in writing	Felony, fine to $5,000 and/or imprisonment 2 to 5 years for person unlawfully inducing abortion; fine to $1,000 and/or imprisonment to 2 years for mother soliciting abortion or self-aborting unlawfully; failure to obtain required consent is prima facie evidence of interference with family relations in civil actions; parents have common law rights; if abortion is intentionally performed without conforming to consent standards for minors or others: misdemeanor, min. $2,000-10,000 fine and/up to 3 yrs. imprisonment; third or subsequent offense: 60 days to 3 yrs.	Mother's written consent required; if mother married and in third trimester, husband's consent is required; if mother under 17 years and unmarried, parental/guardian consent of one parent required, except in medical emergency of if pregnancy is result of incest: court may order minor's right to abortion without parental consent. Spousal, parental or legal guardian's consent for incompetent woman		First trimester on advice of licensed M.D.; second trimester must be performed by licensed M.D. in licensed hospital; third trimester, second M.D.'s written recommendati on required, facts and reasons supporting recommendations must be certified by both M.D.s

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
SOUTH DAKOTA 22-17-5, 6; 34-23A-1 to 45	(1) Failure to meet standards for legal abortion; (2) failure of M.D. to obtain informed consent; (3)Partial Birth abortion is unlawful except in order to save the life of the mother when it is endangered by physical disorder, illness, or injury and no other medical procedure would suffice.	1-24th wk.—in M.D.'s medical judgment; after 24th week, necessary to preserve life, health of mother	Violating informed consent statutes: Class 2 misdemeanor, fine of $100 and/or imprisonment 30 days; any unauthorized abortion: Class 6 felony, fine to 2000 and/or imprisonment 2 years; intentional killing of fetus by causing injury to mother: Class 4 felony	Voluntary written informed consent of mother 24 hours before procedure; if mother unmarried minor, 48-hr. notice to parent/guardian also required; parental consent exempted with medical emergency, judicial waiver.		First 12 weeks, licensed M.D., solely medical judgment; after 24 wks., licensed M.D. and hospital. After 12 wks., only for medical necessity
TENNESSEE 39-15-201 to 209; 37-10-301 to 307	(1) Failure to meet standards for legal abortion including residency requirement; (2) attempted criminal abortion; (3) coerced or compelled abortion; (4) administering to pregnant woman medicine, drug, or any substance or instrument with intent to destroy such child(5) Partial Birth abortion: no person shall knowingly perform a partial birth abortion except when necessary to save life of the mother if endangered by a physical disorder, illness, or injury.	First trimester with woman's consent upon advice of her M.D., after first trimester and before viability with same, but in a hospital. After viability, necessary to preserve life, health of mother	Impermissible abortion: Class C felony; mother attempting to procure a miscarriage: Class E felony; M.D. fails to use due care to preserve life of baby born alive or violation of 48-hour waiting period: Class E felony; abortion on non-Tenn. resident: Class C felony; coercion to obtain abortion: Class A misdemeanor; M.D. performs abortion on minor violating consent statute: misdemeanor	Informed, written consent of mother, 48-hour waiting period between M.D. giving mother information and consent; after viability, same as first trimester except M.D. must certify in writing to the hospital that procedure was necessary; by at least one parent must consent to abortion to be performed on minor; no parental consent necessary if emergency; minor may petition court for waiver	Mother must produce to M.D. evidence she is bona fide resident prior to procedure except in medical emergency, (but M.D. must still give information to mother)	First trimester, licensed M.D. upon his medical advice and woman's consent; after first trimester to viability, licensed M.D., licensed hospital; after viability, only to preserve life of mother

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
TEXAS Civ. Stat. §§4512.5, H&S 245.001 et seq.	(1) Destroys the vitality or life of child in birth or before (which otherwise would have been born alive); (2) operating a facility without license, failure to meet Board of Health standards, or failure to make reports to Department of Health; (3) act performed after pregnancy with intent to cause termination of pregnancy other than for purpose of birth of live fetus or removal of dead fetus; (4) with public funds unless mother's life is in danger; (5) in third trimester (viability) unless for benefit of woman's or fetus' health	Abortion during third trimester of viable child permissible only if necessary to prevent death or substantial risk of serious impairment to woman's physical or mental health, or if fetus has severe and irreversible abnormality	Abortion of viable fetus: imprisonment 5 years to life; operating facility without license: fine $100 to $500 per day, Class C misdemeanor; failure to report as legally required: Class A misdemeanor			Licensed physician; at separately licensed facility (unless necessary to protect life, health of mother). Third trimester: must certify in writing medical indications supporting M.D.'s judgement. Private hospital or facility is not required to make their facilities available for an abortion unless M.D. determines mother's life is immediately endangered

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
UTAH 76-7-301 to 324	(1) Failure to meet standards for legal abortion; (2) coercing someone to have abortion (3) intentional termination of human pregnancy including all procedures undertaken to kill alive, unborn child or produce a miscarriage(4) Partial Birth Abortion after viability has been determined, no person may knowingly perform a partial birth abortion, or dilation and extraction procedure, or a Saline abortion procedure, unless all other available abortion procedures would pose a risk a risk to the life or health of the pregnant woman, or, when due to a serious medical emergency, time does not permit.	Before 20 weeks, abortion is necessary to save mother's life or health, if woman was raped or incest committed, or child has grave defects; after 20 weeks, necessary to preserve health, life of mother or if child would be born with grave defects	Failure to meet standards, coercion, person performing unauthorized abortion not using medical skills to save unborn child, experimentation or buying or selling unborn child: third degree felony. M.D. not giving informed consent: "unprofessional conduct," license may be revoked/suspended	Notice, if possible, to parents/guardian if minor unmarried (mandatory if public funds used), mother or husband if married; informed consent of mother required. M.D. must provide mother with information regarding abortion at least 24 hours before procedure except in medical emergency		Licensed M.D.; after first 90 days, in licensed hospital; must have concurrence of attending M.D.

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
VERMONT Tit.13 §§101 to 104	Willfully administers, advises any thing or any means with intent to procure miscarriage; whether mother dies or mother does not die (mother not liable)	Necessary to preserve mother's life	If mother dies: imprisonment 5 to 20 years; if mother does not die: imprisonment 3 to 10 years; advertising/dealing in information about procuring miscarriages: imprisonment 3 to 10 years; person selling or giving anything to produce miscarriage: imprisonment 1 to 3 years and/or fine of $200 to $500
VIRGINIA 18.2-71 to 76.2	Failure to meet standards for legal abortion; cause or administer drug or other means to woman with intent to destroy unborn child or produce abortion or miscarriage; Partial Birth Abortion: a physician shall not knowingly perform a partial birth abortion that is not necessary to save the life of a mother.	First trimester, no restrictions; second trimester, in licensed hospital; third trimester, continuation of pregnancy likely to result in death, physical or mental impairment of mother	Class 4 felony: imprisonment 2 to 10 years and/or fine to $100,000; Class 3 misdemeanor: encourage or promote performance of abortion	Informed, written consent of mother (if incompetent, written permission from parent or guardian must be obtained)		Anytime, licensed M.D.; second and third trimesters, licensed hospital; third trimester, attending M.D. and two consulting M.D.s certify medical necessity; if necessary to save mother's life, or substantial and irremediable impairment of mental or physical health of the mother. No condition applies except licensed M.D. Life support for the child must be on hand and used if necessary.

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
WASHINGTON 9.02.100 et seq.	Any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth. Partial Birth Infanticide: Regulating partial-birth infanticide is not regulating abortion, but rather is proscribing infanticide by restricting the killing of a live infant who is in the process of birth. Partial birth infanticide is unlawful, but does not apply when the procedure was used to prevent the death of the mother when no other medical procedure would suffice, including the induction of labour or cesarean section.	Reproductive Privacy Act: "The state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus or to protect her life or health." State may regulate as is medically necessary to protect the life, health of mother and consistent with established medical practice and in keeping with the least restrictive on the woman's right to have an abortion	Unauthorized abortion performed: Class C felony			Licensed M.D., and licensed hospital, except when medical emergency, licensed health care provider may assist

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
WEST VIRGINIA 61-2-8; 16-2F-1, et seq., 33-42-8; §61-2-8 held unconstitutional by Doe v. Charleston Area Medical Ctr., Inc. 529 F.2d 638 (4th Circ. 1975)	Administer substance or use means with intent to destroy unborn child or produce abortion; unless in good faith to save woman or child. Partial Birth abortion: any person knowingly performing a partial birth abortion other than to save the life of mother endangered by a physical disorder, illness, or injury is guilty of a felony and shall be fined $10,000 to $50,000 and/or imprisoned not more than two years.	Necessary to save life of mother or fetus. performed by an M.D.	Performing illegal abortion: felony: imprisonment 3 to 10 years; if mother dies: murder; violation of minor notification requirements: misdemeanor, $500-1,000 fine and/or up to 30 days in county jail	24 hours actual notice or 48 hours constructive notice to parent/guardian of minor under 18 who has not graduated from high school, minor can petition court for waiver of notification or it may be waived by another M.D. not associated with attending M.D., unless emergency
WISCONSIN 940.04; 48.375	(1) Intentionally destroys life of unborn child; (2) causes death of mother during procedure; (3) mother intentionally destroys unborn child or consents to same; (4) mother intentionally destroys life of unborn quick child or consents to same	Necessary to save life of mother or advised by two other M.D.s as necessary	Person other than mother performs abortion: imprisonment up to 3 years and/or fine to $5,000; mother dies or intentionally destroys life of unborn quick child: imprisonment to 15 years; mother performs or consents to abortion: imprisonment to 6 months and fine to $200; mother performs or consents to abortion on quick child: imprisonment to 2 years	Informed written consent of unemancipated minor as well as informed, written consent of 1 of her parents, or an adult family member, or her guardian, unless the pregnancy is a result of sexual assault, or incest, or a physician believes the minor to be suicidal, or medical emergency, or subject to a judicial waiver		Licensed M.D., licensed maternity hospital except in medical emergency

Table 22: Abortion—Continued

State/Code Section	Statutory Definition of		Penalty	Consent	Residency	License
	Illegal Abortion	Legal Abortion
WYOMING 35-6-101 to 118	(1)Any procedure after viability that is not "necessary," (2) M.D. who intentionally terminates viability of unborn fetus during legal abortion; (3) use of other than accepted medical procedures, other than licensed M.D. (including pregnant woman) performs act, procedure, prescription administered to produce premature expulsion, removal, or termination of fetus except when continuation of pregnancy threatens fetus's viability; (4) using public funds for abortion other than those resulting from incest or sexual assault	After viability, necessary to preserve health, life of mother according to appropriate medical judgement	M.D. aborting viable fetus, use of other than accepted medical procedures, person other than M.D. performing abortion: felony, imprisonment up to 14 years	Unemancipated Minor's written consent and one of minor's parents must have written notification 48 hours before abortion; M.D. must have minor's and one parent's consent or court order; minor can petition court to waive parental consent. Consent not required for an emergency.		Licensed M.D.