Montana Code 50-20-401. Offense of partial-birth abortion — exception — definitions — penalties
50-20-401. Offense of partial-birth abortion — exception — definitions — penalties. (1) Except as provided in this section, a person commits an offense if the person purposely, knowingly, or negligently causes a partial-birth abortion.
Terms Used In Montana Code 50-20-401
- Abortion: means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See Montana Code 50-20-104
- Facility: means a hospital, health care facility, physician's office, or other place in which an abortion is performed. See Montana Code 50-20-104
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)Subsection (1) does not apply to:
(a)a partial-birth abortion caused to save the life of a woman because the woman’s life is endangered by a physical disorder, illness, or injury, including a life-endangering condition caused by or arising from the pregnancy itself, if no other medical procedure would save the life of the woman; or
(b)the woman upon whom a partial-birth abortion is performed.
(3)As used in this section, the following definitions apply:
(a)”Knowingly” has the meaning provided in 45-2-101.
(b)”Negligently” has the meaning provided in 45-2-101.
(c)(i) “Partial-birth abortion” means an abortion in which the person performing the abortion partially vaginally delivers a living human fetus before killing the fetus and completing the delivery.
(ii)A procedure that constitutes a partial-birth abortion is one in which the following steps occur:
(A)the living fetus is removed intact from the uterus until only the head remains in the uterus;
(B)all or a part of the intracranial contents of the fetus are evacuated;
(C)the head of the fetus is compressed; and
(D)following fetal demise, the fetus is removed from the birth canal.
(d)”Purposely” has the meaning provided in 45-2-101.
(4)A person committing the offense provided for in subsection (1) is guilty of a felony and shall be punished by:
(a)a fine of not more than $50,000;
(b)imprisonment in a correctional facility for a term of not less than 5 years and not more than 10 years; or
(c)both fine and imprisonment as provided in subsections (4)(a) and (4)(b); and
(d)permanent revocation of the license of the physician performing the partial-birth abortion. The provisions of 37-1-203 and 37-1-205 do not apply to a physician whose license is revoked pursuant to this section.