Louisiana Revised Statutes 14:87.12 – A. Any physician who knowingly performs a partial birth abortion and thereby kills a human fetus shall be imprisoned at hard labor for not less than one nor more than ten years, fine
Terms Used In Louisiana Revised Statutes 14:87.12
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- mother: means a female human being, whether or not she has reached the age of majority. See Louisiana Revised Statutes 14:87.1
- Partial birth abortion: means an abortion in which:
(a) The person performing the abortion deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus. See Louisiana Revised Statutes 14:87.1
- Physician: means a person licensed to practice medicine in the state of Louisiana. See Louisiana Revised Statutes 14:87.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. Any physician who knowingly performs a partial birth abortion and thereby kills a human fetus 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. This Section shall not apply to a partial birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
B. Repealed by Acts 2022, No. 545, §4.
C.(1) A defendant charged with an offense under this Section may seek a hearing before the Louisiana State Board of Medical Examiners on whether the physician’s conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. The report of the board shall be discoverable.
(2) The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than thirty days to permit such a hearing to take place.
D. A woman upon whom a partial birth abortion is performed shall not be subject to prosecution for a violation of this Section as a principal, accessory, or coconspirator thereto.
Acts 2007, No. 477, §1, eff. July 12, 2007; Acts 2022, No. 545, §4; Redesignated from La. Rev. Stat. 14:32.11 by Acts 2022, No. 545, §6A.