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5-61-304. Prohibition. [Effective if contingency in Acts 2019, No. 180, § 2 is met]

Arkansas Code — all titles (historical 2020) · legal_authorities

5-61-304. Prohibition. [Effective if contingency in Acts 2019, No. 180, § 2 is met]

5-61-304. Prohibition. [Effective if contingency in Acts 2019, No. 180, § 2 is met] (a) A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency. (b) Performing or attempting to perform an abortion is an unclassified felony with a fine not to exceed one hundred thousand dollars ($100,000) or imprisonment not to exceed ten (10) years, or both. (c) This section does not: (1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child; or (2) Prohibit the sale, use, prescription, or administration of a contraceptive measure, drug, or chemical if the contraceptive measure, drug, or chemical is administered before the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure, drug, or chemical is sold, used, prescribed, or administered in accordance with manufacturer instructions. (d) It is an affirmative defense to prosecution under this section if a licensed physician provides medical treatment to a pregnant woman which results in the accidental or unintentional injury or death to the unborn child.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-61-304

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:5-61-304
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cdbe04bfc19094d8e395e44f3793ae1dcb6428303bd884069434859d9ead58c0

Source location: content.xml paragraph 21654

Stored source content

5-61-304. Prohibition. [Effective if contingency in Acts 2019, No. 180, § 2 is met] (a) A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency. (b) Performing or attempting to perform an abortion is an unclassified felony with a fine not to exceed one hundred thousand dollars ($100,000) or imprisonment not to exceed ten (10) years, or both. (c) This section does not: (1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child; or (2) Prohibit the sale, use, prescription, or administration of a contraceptive measure, drug, or chemical if the contraceptive measure, drug, or chemical is administered before the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure, drug, or chemical is sold, used, prescribed, or administered in accordance with manufacturer instructions. (d) It is an affirmative defense to prosecution under this section if a licensed physician provides medical treatment to a pregnant woman which results in the accidental or unintentional injury or death to the unborn child.

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