Montana Code 50-20-1003. Dismemberment abortion procedures prohibited — penalty
50-20-1003. Dismemberment abortion procedures prohibited — penalty. (1) Except in a medical emergency, a person may not purposely or knowingly perform, induce, or attempt to perform or induce a dismemberment abortion procedure.
Terms Used In Montana Code 50-20-1003
- 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 unborn human being. See Montana Code 50-20-1002
- attempted: means an act or an omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in violation of this chapter. See Montana Code 50-20-104
- Conviction: A judgement of guilt against a criminal defendant.
- dismemberment abortion procedure: means a procedure that involves:
(a)the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn human being; and
(b)dilation of the cervix, insertion of grasping instruments, and removal of disarticulated fetal parts from a living unborn human being. See Montana Code 50-20-1002
- Knowingly: has the meaning provided in 45-2-101. See Montana Code 50-20-1002
- Medical emergency: means a condition that, on the basis of a physician's good faith clinical judgment, makes a separation procedure performed prior to the ability of the unborn human being to survive outside of the womb with or without artificial support necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition arising from the pregnancy itself, or when the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function. See Montana Code 50-20-1002
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Purposely: has the meaning provided in 45-2-101. See Montana Code 50-20-1002
(2)A person who violates this section is guilty of a felony and on conviction shall be punished by a fine in an amount not to exceed $50,000, imprisonment for a term of not less than 5 years and not more than 10 years, or both.
(3)A woman on whom an abortion is performed, induced, or attempted in violation of this part may not be prosecuted for conspiracy to commit a violation of this part.