Terms Used In Louisiana Revised Statutes 14:87.10

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Physician: means a person licensed to practice medicine in the state of Louisiana. See Louisiana Revised Statutes 14:87.1
  • Pregnant: means that female reproductive condition of having a developing embryo or fetus in the uterus which commences at fertilization and implantation. See Louisiana Revised Statutes 14:87.1

            A. The crime of abortion by an unlicensed physician is an abortion performed, with or without the consent of the pregnant woman or her legal guardian, that results in the death of an unborn child when the abortion is performed by any individual who is not a physician licensed by the state of Louisiana.

            B. Repealed by Acts 2022, No. 545, §4.

            C. Any person who knowingly performs an abortion in violation of this Section shall be imprisoned at hard labor for not less than one nor more than five years, fined not less than five thousand nor more than fifty thousand dollars, or both.

            D. None of the following shall be construed to create the crime of abortion by an unlicensed physician:

            (1) Any action taken when a physician or other licensed medical professional is acting in the course of administering lawful medical care and an unborn child dies.

            (2) Any act taken or omission by a pregnant woman with regard to her own unborn child.

            E. The provisions of La. Rev. Stat. 40:1061.1 shall apply to this Section.

            Acts 2012, No. 646, §1; Acts 2022, No. 545, §§2, 4; Redesignated from La. Rev. Stat. 14:32.9 by Acts 2022, No. 545, §6A.