Terms Used In Louisiana Revised Statutes 14:87.11

  • dismemberment: means the use of a clamp, forceps, curette, suction cannula, or any other surgical tool or instrument with the intent to disarticulate the head or limbs from the body of the unborn child during an abortion, including but not limited to the common abortion methods known as suction curettage and dilation and evacuation. See Louisiana Revised Statutes 14:87.1
  • 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. Aggravated abortion by dismemberment is the commission of an abortion when the unborn child is intentionally dismembered, whether the act of dismemberment was in the course of or following the death of the unborn child.

            B. Repealed by Acts 2022, No. 545, §4.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 ten years, fined not less than ten thousand nor more than one hundred thousand dollars, or both.

            D. None of the following shall be construed to create the crime of aggravated abortion by dismemberment:

            (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.

            Acts 2012, No. 646, §1; Acts 2022, No. 545, §§2, 4; Redesignated from La. Rev. Stat. 14:32.9.1 by Acts 2022, No. 545, §6A.

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