2017 Louisiana Laws
Revised Statutes
TITLE 14 - Criminal Law
RS 14:87 - Abortion

Universal Citation: LA Rev Stat § 14:87 (2017)

NOTE: This provision of law was included in the Unconstitutional Statutes Biennial Report to the Legislature, dated March 14, 2016.

3. ABORTION

§87. Abortion

            A.(1) Abortion is the performance of any of the following acts, with the specific intent of terminating a pregnancy:

            (a) Administering or prescribing any drug, potion, medicine or any other substance to a female; or

            (b) Using any instrument or external force whatsoever on a female.

            (2) This Section shall not apply to the female who has an abortion.

            B. It shall not be unlawful for a physician to perform any of the acts described in Subsection A of this Section if performed under the following circumstances:

            (1) The physician terminates the pregnancy in order to preserve the life or health of the unborn child or to remove a stillborn child.

            (2) The physician terminates a pregnancy for the express purpose of saving the life, preventing the permanent impairment of a life sustaining organ or organs, or to prevent a substantial risk of death of the mother.

            (3) The physician terminates a pregnancy by performing a medical procedure necessary in reasonable medical judgment to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.

            C. As used in this Section, the following words and phrases are defined as follows:

            (1) "Physician" means any person licensed to practice medicine in this state.

            (2) "Unborn child" means the unborn offspring of human beings from the moment of fertilization until birth.

            D.(1) Whoever commits the crime of abortion shall be imprisoned at hard labor for not less than one nor more than ten years and shall be fined not less than ten thousand dollars nor more than one hundred thousand dollars.

            (2) This penalty shall not apply to the female who has an abortion.

            Amended by Acts 1964, No. 167; Acts 1991, No. 26, §2; Acts 2006, No. 467, §2.

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