2018 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS .787 Prohibit certain abortion procedures when the probable post-fertilization age of the unborn child is 11 weeks or greater, except in the case of a medical emergency -- Penalty not to apply to pregnant woman -- Class D felony.
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311.787 Prohibit certain abortion procedures when the probable post-fertilization
age of the unborn child is 11 weeks or greater, except in the case of a medical
emergency -- Penalty not to apply to pregnant woman -- Class D felony.
(1)
(2)
(3)
As used in this section:
(a) "Bodily dismemberment, crushing, or human vivisection" means a procedure
in which a person, with the purpose of causing the death of an unborn child,
dismembers the living unborn child and extracts portions, pieces, or limbs of
the unborn child from the uterus through the use of clamps, grasping forceps,
tongs, scissors, or a similar instrument that, through the convergence of two
(2) rigid levers, slices, crushes, or grasps, or performs any combination of
those actions on, any portion, piece, or limb of the unborn child's body to cut
or separate the portion, piece, or limb from the body. The term includes a
procedure that is used to cause the death of an unborn child and in which
suction is subsequently used to extract portions, pieces, or limbs of the unborn
child after the unborn child's death;
(b) "Medical emergency" has the same meaning as in KRS 311.720;
(c) "Probable post-fertilization age" has the same meaning as in KRS 311.781;
and
(d) "Unborn child" has the same meaning as in KRS 311.781.
No person shall intentionally perform or induce or attempt to perform or induce an
abortion on a pregnant woman:
(a) That will result in the bodily dismemberment, crushing, or human vivisection
of the unborn child; and
(b) When the probable post-fertilization age of the unborn child is eleven (11)
weeks or greater;
except in the case of a medical emergency.
A pregnant woman on whom an abortion is performed or induced or attempted to be
performed or induced in violation of subsection (2) of this section is not guilty of
violating subsection (2) of this section or of attempting to commit, conspiring to
commit, or complicity in committing a violation of subsection (2) of this section.
Effective: April 10, 2018
History: Created 2018 Ky. Acts ch. 142, sec. 1, effective April 10, 2018.
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