Code Section
97-3-3, 5; 41-75-1, et. seq., 41-41-31 to 41-41-73
Statutory Definition of Illegal Abortion
Willfully or knowingly by means of instrument, medicine, drug, or any other substance causing any pregnant woman to abort or miscarry; Partial Birth Abortion: prohibited unless necessary to save mother’s life if no other medical procedure would suffice
Statutory Definition of Legal Abortion
Necessary to preserve mother’s life; pregnancy result of rape
Penalty
Felony: imprisonment 1 to 10 years; if mother dies, murder; if M.D. or nurse convicted, license will be revoked; misdemeanor: $25-200 and imprisonment up to 3 mos. if selling, giving away, possessing or in any manner anything causing unlawful abortion; Partial Birth Abortion: felony, up to $25,000 fine and/or 2 yrs. imprisonment
Consent
Written informed consent of the mother at least 24 hours before the abortion, except in emergency; unmarried woman under 18 must have written consent of both parents, with exceptions for medical emergency or judicial waiver
Residency
N/A
License
Licensed M.D.; prior advice of two licensed M.D.s required in writing