76-7-314.5.  Killing an unborn child.

(1)  A person is guilty of killing an unborn child if the person intentionally causes the death of an unborn child by performing an abortion of the unborn child in violation of the provisions of Subsection 76-7-302(2).

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Terms Used In Utah Code 76-7-314.5

  • Abortion: means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part. See Utah Code 76-7-301
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Physician: means :
(a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act;
(b) an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(c) a physician employed by the federal government who has qualifications similar to an individual described in Subsection (12)(a) or (b). See Utah Code 76-7-301
(2)  A woman is not criminally liable for:

(a)  seeking to obtain, or obtaining, an abortion that is permitted by this part; or

(b)  a physician‘s failure to comply with Subsection 76-7-302(2)(b)(ii) or Section 76-7-305.

Amended by Chapter 301, 2023 General Session

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