Delaware Code Title 24 Sec. 1795 – Live birth following abortion
Current as of: 2023 | Check for updates
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(a) In the event an abortion or an attempted abortion results in the live birth of a child, the person performing or inducing such abortion or attempted abortion and all persons rendering medical care to the child after its birth must exercise that degree of medical skill, care and diligence which would be rendered to a child who is born alive as the result of a natural birth.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,300 |
Terms Used In Delaware Code Title 24 Sec. 1795
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
(b) Nothing found in this section shall be deemed to preclude prosecution under any other applicable section of the Delaware Code for knowing or reckless conduct which is detrimental to the life or health of an infant born as a result of a procedure designed to terminate pregnancy. Anyone who knowingly violates this section shall be guilty of a class A misdemeanor.