{
 "citation": "14:87.9",
 "heading": "Criminal abortion by means of abortion-inducing drugs",
 "doc_id": "1294864",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=1294864",
 "classification": "F",
 "enacted_year": "2022",
 "last_amended_year": "2022",
 "penalties": [
  {
   "subsection": "B(1)",
   "text": "B.(1) Any person who knowingly performs an abortion by means of an abortion-inducing drug in violation of this Section shall be imprisoned at hard labor for not less than one nor more than five years, fined not less than five thousand nor more than fifty thousand dollars, or both.",
   "los_min": "1Y",
   "los_max": "5Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(2)",
   "text": "(2) Any person who knowingly performs an abortion by means of an abortion-inducing drug in violation of this Section that results in the death or serious bodily injury of the pregnant woman shall be imprisoned at hard labor for not less than five nor more than ten years, fined not less than ten thousand nor more than seventy-five thousand dollars, or both.",
   "los_min": "5Y",
   "los_max": "10Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(3)",
   "text": "(3) Any person who knowingly performs or induces an abortion that results in the death or serious bodily injury of a pregnant woman under the age of eighteen in violation of this Section shall be imprisoned at hard labor for not less than fifteen nor more than fifty years, fined not less than fifteen thousand nor more than one hundred thousand dollars, or both.",
   "los_min": "15Y",
   "los_max": "50Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:87.9\n\n\u00a787.9. Criminal abortion by means of abortion-inducing drugs\n\nA. Criminal abortion by means of an abortion-inducing drug is committed when a\nperson knowingly causes an abortion to occur by means of delivering, dispensing,\ndistributing, or providing a pregnant woman with an abortion-inducing drug.\n\nB.(1) Any person who knowingly performs an abortion by means of an\nabortion-inducing drug in violation of this Section shall be imprisoned at hard labor for not\nless than one nor more than five years, fined not less than five thousand nor more than fifty\nthousand dollars, or both.\n\n(2) Any person who knowingly performs an abortion by means of an\nabortion-inducing drug in violation of this Section that results in the death or serious bodily\ninjury of the pregnant woman shall be imprisoned at hard labor for not less than five nor\nmore than ten years, fined not less than ten thousand nor more than seventy-five thousand\ndollars, or both.\n\n(3) Any person who knowingly performs or induces an abortion that results in the\ndeath or serious bodily injury of a pregnant woman under the age of eighteen in violation of\nthis Section shall be imprisoned at hard labor for not less than fifteen nor more than fifty\nyears, fined not less than fifteen thousand nor more than one hundred thousand dollars, or\nboth.\n\nC. None of the following shall be construed to create the crime of criminal abortion\nby means of an abortion-inducing drug:\n\n(1) Any action taken when a physician or other licensed medical professional is\nacting in the course of administering lawful medical care.\n\n(2) Any act taken or omission by a pregnant woman with regard to her own unborn\nchild.\n\n(3) Possessing for her own consumption or consuming an abortion-inducing drug by\na pregnant woman in violation of this Section.\n\n(4) Lawfully prescribing, dispensing, or distributing a drug, medicine, or other\nsubstance for a bona fide medical reason that is not intended to cause an abortion in violation\nof this Section.\n\n(5)(a) The act of administering an abortion-inducing drug when the drug is\nadministered by a physician licensed by the state of Louisiana who administers the\nabortion-inducing drug in person to the pregnant woman.\n\n(b) The provisions of Subparagraph (a) of this Paragraph shall not be a defense\nagainst prosecution under any other provision of law that makes the abortion unlawful,\nwhether the other provision of law is in effect on August 1, 2022, or becomes unlawful at a\nlater date.\n\n(6) Any act by a licensed pharmacist or pharmacy related to filling a prescription for\na drug, medicine, or other substance prescribed for a bona fide medical reason shall not\nsubject the pharmacist or the pharmacy to the criminal consequences of this Section. A\ndiagnosis or a diagnosis code shall be written on the prescription by the prescriber indicating\nthat the drug, medicine, or other substance is intended for a purpose other than to cause an\nabortion in violation of this Section.\n\nActs 2022, No. 548, \u00a71."
}