50-20-109. Control of practice of abortion. (1) Except as provided in 50-20-401, an abortion may not be performed within the state of Montana:

Terms Used In Montana Code 50-20-109

  • Abortion: means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See Montana Code 50-20-104
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(a)except by a licensed physician or physician assistant; and

(b)on an unborn child:

(i)who is capable of feeling pain, except as provided in 50-20-603; or

(ii)who is viable, unless necessary to preserve the life of the mother.

(2)Violation of subsection (1) is a felony.