There Is a Newer Version
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2021 Utah Code
Title 76 - Utah Criminal Code
Chapter 7a - Abortion Prohibition
Part 2 - Prohibition
Section 201 - Abortion prohibition -- Exceptions -- Penalties.
Universal Citation:
UT Code § 76-7a-201 (2021)
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(Contingently Effective) 76-7a-201. Abortion prohibition -- Exceptions -- Penalties.
Enacted by Chapter 279, 2020 General Session
- (1) An abortion may be performed in this state only under the following circumstances:
- (a) the abortion is necessary to avert:
- (i) the death of the woman on whom the abortion is performed; or
- (ii) a serious risk of substantial and irreversible impairment of a major bodily function of the woman on whom the abortion is performed;
- (b) two physicians who practice maternal fetal medicine concur, in writing, in the patient's medical record that the fetus:
- (i) has a defect that is uniformly diagnosable and uniformly lethal; or
- (ii) has a severe brain abnormality that is uniformly diagnosable; or
- (c)
- (i) the woman is pregnant as a result of:
- (A) rape;
- (B) rape of a child; or
- (C) incest; and
- (ii) before the abortion is performed, the physician who performs the abortion:
- (A) verifies that the incident described in Subsection (1)(c)(i) has been reported to law enforcement; and
- (B) if applicable, complies with requirements related to reporting suspicions of or known child abuse.
- (i) the woman is pregnant as a result of:
- (a) the abortion is necessary to avert:
- (2) An abortion may be performed only:
- (a) by a physician; and
- (b) in an abortion clinic or a hospital, unless it is necessary to perform the abortion in another location due to a medical emergency.
- (3) A person who performs an abortion in violation of this section is guilty of a second degree felony.
- (4) In addition to the penalty described in Subsection (3), the department may take appropriate corrective action against an abortion clinic, including revoking the abortion clinic's license, if a violation of this chapter occurs at the abortion clinic.
- (5) The department shall report a physician's violation of any provision of this section to the state entity that regulates the licensing of a physician.
Enacted by Chapter 279, 2020 General Session
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