CHAPTER 22-17
UNAUTHORIZED ABORTION
22-17-1 22-17-1. Repealed by SL 1977, ch 189, § 126
22-17-1.1 22-17-1.1 to 22-17-4. Repealed by SL 1976, ch 158, § 17-2
22-17-5 Repealed.
22-17-5.1 Procurement of abortion prohibited--Exception to preserve life of pregnant female--Felony.
22-17-5.2 Unlawful abortion--Female not criminally liable.
22-17-6 Intentional killing of human fetus by unauthorized injury to mother.
22-17-7 22-17-7 to 22-17-12. Rejected by referendum.
22-17-13 Unwanted abortion--Threat--Penalty.
22-17-13.1 Unwanted abortion--Intent to coerce by threat--Penalty.
22-17-14 Coercion to undergo abortion--Penalty.
22-17-5. Repealed.
Source: SL 1977, ch 189, § 44.
Commission Note: This section was repealed by the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, 142 S. Ct. 2228 (2022), pursuant to SL 2005, ch 187 § 5. Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188 § 1, provides: "This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortions at all stages of pregnancy."
22-17-5.1. Procurement of abortion prohibited--Exception to preserve life of pregnant female--Felony.
Any person who administers to any pregnant female or who prescribes or procures for any pregnant female any medicine, drug, or substance or uses or employs any instrument or other means with intent thereby to procure an abortion, unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female, is guilty of a Class 6 felony.
Source: SL 2005, ch 187, § 6.
Commission Note: This section was made effective by the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, 142 S. Ct. 2228 (2022), pursuant to SL 2005, ch 187 § 6. Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188 § 1, provides: "This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortions at all stages of pregnancy."
22-17-5.2. Unlawful abortion--Female not criminally liable.
A female who undergoes an unlawful abortion, as set forth in § 22-17-5.1, may not be held criminally liable for the abortion.
Source: SL 2023, ch 69, § 1.
22-17-6. Intentional killing of human fetus by unauthorized injury to mother.
Any person who intentionally kills a human fetus by causing an injury to its mother, which is not authorized by chapter 34-23A, is guilty of a Class 4 felony.
Source: SL 1977, ch 189, § 45.
22-17-13. Unwanted abortion--Threat--Penalty.
A person is guilty of a Class B felony if, with the intent to cause a pregnant mother to undergo an abortion against her will, the person:
(1) Threatens to commit, against the pregnant mother or any other person within the pregnant mother's presence:
(a) Homicide, murder, or manslaughter, under chapter 22-16;
(b) Aggravated assault, under § 22-18-1.1; or
(c) Kidnapping, under chapter 22-19; and
(2) The threat results in the death of the unborn human being, as defined under § 34-23A-1.
A charge brought under this section may be commenced at any time prior to the time the victim attains age twenty-five or within seven years of the commission of the crime, whichever is longer.
Source: SL 2019, ch 107, § 1; SL 2022, ch 61, § 1.
22-17-13.1. Unwanted abortion--Intent to coerce by threat--Penalty.
A person is guilty of a Class 5 felony if, with the intent to coerce a pregnant mother to undergo an abortion against her will, the person threatens to commit, against the pregnant mother or any other person within the pregnant mother's presence:
(1) Homicide, murder, or manslaughter, under chapter 22-16;
(2) Aggravated assault, under § 22-18-1.1; or
(3) Kidnapping, under chapter 22-19.
A charge brought under this section may be commenced at any time prior to the time the victim attains age twenty-five or within seven years of the commission of the crime, whichever is longer.
Source: SL 2022, ch 61, § 2.
22-17-14. Coercion to undergo abortion--Penalty.
A person is guilty of a Class 1 misdemeanor if the person:
(1) In any manner other than that set forth in § 22-17-13.1, coerces, compels, or attempts to compel a pregnant woman to undergo an abortion;
(2) Requires a pregnant woman to agree to a provision that if she refuses to undergo an abortion, it is a breach of a contract; or
(3) Requires a pregnant woman to agree to a provision that results in her assuming any cost, obligation, or responsibility for refusing to undergo an abortion.
A subsequent offense of this section is a Class 6 felony.
Source: SL 2021, ch 206, § 2; SL 2022, ch 61, § 3.