Terms Used In Montana Code > Title 50 > Chapter 20 > Part 1 - Montana Abortion Control Act

• 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
• attempted: means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in violation of this chapter. See Montana Code 50-20-104
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-104
• Dependent: A person dependent for support upon another.
• Facility: means a hospital, health care facility, physician's office, or other place in which an abortion is performed. See Montana Code 50-20-104
• Informed consent: means voluntary consent to an abortion by the woman upon whom the abortion is to be performed only after full disclosure to the woman by:

  (a)the physician who is to perform the abortion of the following information:

  (i)the particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility;

  (ii)the probable gestational age of the unborn child at the time the abortion is to be performed; and

  (iii)the medical risks of carrying the child to term;

  (b)the physician or an agent of the physician:

  (i)that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;

  (ii)that the father is liable to assist in the support of the child, even in instances in which the father has offered to pay for the abortion; and

  (iii)that the woman has the right to review the printed materials described in 50-20-304; and

  (c)the physician or the agent that the printed materials described in 50-20-304 have been provided by the department and that the materials describe the unborn child and list agencies that offer alternatives to abortion. See Montana Code 50-20-104

• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Viability: means the ability of a fetus to live outside the mother's womb, albeit with artificial aid. See Montana Code 50-20-104
• Writing: includes printing. See Montana Code 1-1-203