18-605 — UNLAWFUL ABORTIONS -- PROCUREMENT OF -- PENALTY


                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 6
                         ABORTION AND CONTRACEPTIVES
    18-605.  UNLAWFUL ABORTIONS -- PROCUREMENT OF -- PENALTY. [EFFECTIVE UNTIL
PROCLAMATION IS FILED WITH THE SECRETARY OF STATE'S OFFICE] (1) Every person
not licensed or certified to provide health care in Idaho who, except as
permitted by this chapter, provides, supplies or administers any medicine,
drug or substance to any woman or uses or employs any instrument or other
means whatever upon any then-pregnant woman with intent thereby to cause or
perform an abortion shall be guilty of a felony and shall be fined not to
exceed five thousand dollars ($5,000) and/or imprisoned in the state prison
for not less than two (2) and not more than five (5) years.
    (2)  Any person licensed or certified to provide health care pursuant to
title 54, Idaho Code, and who, except as permitted by the provisions of this
chapter, provides, supplies or administers any medicine, drug or substance to
any woman or uses or employs any instrument or other means whatever upon any
then-pregnant woman with intent to cause or perform an abortion shall:
    (a)  For the first violation, be subject to professional discipline and be
    assessed a civil penalty of not less than one thousand dollars ($1,000),
    payable to the board granting such person's license or certification;
    (b)  For the second violation, have their license or certification to
    practice suspended for a period of not less than six (6) months and be
    assessed a civil penalty of not less than two thousand five hundred
    dollars ($2,500), payable to the board granting such person's license or
    certification; and
    (c)  For each subsequent violation, have their license or certification to
    practice revoked and be assessed a civil penalty of not less than five
    thousand dollars ($5,000), payable to the board granting such person's
    license or certification.
    (3)  Any person who is licensed or certified to provide health care
pursuant to title 54, Idaho Code, and who knowingly violates the provisions of
this chapter is guilty of a felony punishable as set forth in subsection (1)
of this section, separate from and in addition to the administrative penalties
set forth in subsection (2) of this section.
    18-605.  UNLAWFUL ABORTIONS -- PROCUREMENT OF -- PENALTY. [EFFECTIVE UPON
FILING OF PROCLAMATION WITH THE SECRETARY OF STATE'S OFFICE] (1) Every person
not licensed or certified to provide health care in Idaho who knowingly,
except as permitted by this chapter, provides, supplies or administers any
medicine, drug or substance to any woman or uses or employs any instrument or
other means whatever upon any then-pregnant woman with intent thereby to cause
or perform an abortion shall be guilty of a felony and shall be fined not to
exceed five thousand dollars ($5,000) and/or imprisoned in the state prison
for not less than two (2) and not more than five (5) years.
    (2)  Any person licensed or certified to provide health care pursuant to
title 54, Idaho Code, and who, except as permitted by the provisions of this
chapter, provides, supplies or administers any medicine, drug or substance to
any woman or uses or employs any instrument or other means whatever upon any
then-pregnant woman with intent to cause or perform an abortion shall:
    (a)  For the first violation, be subject to professional discipline and be
    assessed a civil penalty of not less than one thousand dollars ($1,000),
    payable to the board granting such person's license or certification;
    (b)  For the second violation, have their license or certification to
    practice suspended for a period of not less than six (6) months and be
    assessed a civil penalty of not less than two thousand five hundred
    dollars ($2,500), payable to the board granting such person's license or
    certification; and
    (c)  For each subsequent violation, have their license or certification to
    practice revoked and be assessed a civil penalty of not less than five
    thousand dollars ($5,000), payable to the board granting such person's
    license or certification.
    (3)  Any person who is licensed or certified to provide health care
pursuant to title 54, Idaho Code, and who knowingly violates the provisions of
this chapter is guilty  of a felony punishable as set forth in subsection (1)
of this section, separate from and in addition to the administrative penalties
set forth in subsection (2) of this section.