NOTE: This section is conditionally repealed upon certification by the Attorney General that either of the conditions set forth in Laws 2021, c. 308, § 18 have been met. (See end of section for those conditions.)
A. No person shall purposely take the life of a child born as a result of an abortion or attempted abortion which is alive when partially or totally removed from the uterus of the pregnant woman.
B. No person shall purposely take the life of a viable child who is alive while inside the uterus of the pregnant woman and may be removed alive therefrom without creating any significant danger to her life or health.
C. Any person who performs, induces, or participates in the performance or inducing of an abortion shall take all reasonable measures to preserve the life of a child who is alive when partially or totally removed from the uterus of the pregnant woman, so long as the measures do not create any significant danger to her life or health.
D. Any person violating this section shall be guilty of homicide.
Added by Laws 1978, c. 207, § 6, eff. Oct. 1, 1978. Amended by Laws 1997, c. 133, § 526, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 526 from July 1, 1998, to July 1, 1999.
NOTE: Section 18 of Laws 2021, c. 308 provides: