2006 Louisiana Laws - RS 14:32.9 — Partial birth abortion

§32.9.  Partial birth abortion

A.(1)  Partial birth abortion is the performance of a procedure on a female by a licensed physician or any other person whereby a living fetus or infant is partially delivered or removed from the female's uterus by vaginal means and with specific intent to kill or do great bodily harm is then killed prior to complete delivery or removal.

(2)  As used in this Section, the terms "fetus" and "infant" are used interchangeably to mean the biological offspring of human parents.

B.  It shall not be unlawful for a licensed physician to perform a partial birth abortion where the procedure is necessary to save the life of the mother because her life is endangered by a physical disorder, physical illness, or physical injury, and further provided that no other medical procedure would suffice for that purpose.

C.  As used in this Section, the term "person" shall not include the female upon whom the partial birth abortion is performed, and she shall not be subject to prosecution hereunder or as accessory to the offense or as a co-conspirator thereto.

D.  Whoever commits the crime of partial birth abortion shall be imprisoned at hard labor for not less than one nor more than ten years or fined not less than ten thousand nor more than one hundred thousand dollars.

Acts 1997, No. 906, §1, eff. July 10, 1997.

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