Louisiana Revised Statutes 14:87.8 – Late term abortion
Terms Used In Louisiana Revised Statutes 14:87.8
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contraceptive: means any device, measure, drug, chemical, or product, including single-ingredient levonorgestrel, that has been approved by the United States Food and Drug Administration for the purpose of preventing pregnancy and is intended to be administered prior to the time when a clinically diagnosable pregnancy can be determined, provided that the contraceptive is sold, prescribed, or administered in accordance with manufacturer's instructions. See Louisiana Revised Statutes 14:87.1
- Docket: A log containing brief entries of court proceedings.
- Emergency contraceptive: means a drug, chemical, or product, including but not limited to single-ingredient levonorgestrel or ulipristal, that has been approved by the United States Food and Drug Administration designed or intended to be taken after sexual intercourse but prior to the time when a clinically diagnosable pregnancy can be determined, provided that the emergency contraceptive is sold, prescribed, or administered in accordance with manufacturer's instructions or is prescribed in accordance with the standard of care that is generally accepted by the American College of Obstetricians and Gynecologists. See Louisiana Revised Statutes 14:87.1
- Late term abortion: means the performance of an abortion when the gestational age of the unborn child is fifteen weeks or more. See Louisiana Revised Statutes 14:87.1
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Physician: means a person licensed to practice medicine in the state of Louisiana. See Louisiana Revised Statutes 14:87.1
- Pregnant: means that female reproductive condition of having a developing embryo or fetus in the uterus which commences at fertilization and implantation. See Louisiana Revised Statutes 14:87.1
A. It shall be unlawful for a physician or other person to perform a late term abortion, with or without the consent of the pregnant female.
B. Whoever commits the crime of late term abortion shall be imprisoned at hard labor for not less than one year nor more than fifteen years and shall be fined not less than twenty thousand dollars nor more than two hundred thousand dollars.
C. This Section does not apply to a pregnant female upon whom an abortion is committed or performed in violation of this Section, and the pregnant female shall not be held responsible for the criminal consequences of any violation of this Section.
D. This Section shall not apply to the sale, use, prescription, or administration of a contraceptive or an emergency contraceptive.
E. The provisions of this Section shall become effective immediately upon, and to the extent permitted by, the occurrence of any of the following circumstances:
(1) Any decision of the Supreme Court of the United States which overrules, in whole or in part, Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973), thereby restoring to the state of Louisiana the authority to prohibit, limit, or regulate abortion.
(2) Adoption of an Amendment to the United States Constitution which, in whole or in part, restores to the state of Louisiana the authority to prohibit or limit abortion.
(3) A decision of the Supreme Court of the United States in the case of Dobbs v. Jackson Women’s Health Organization, Docket No. 19-1392, which overrules, in whole or in part, Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973), thereby restoring to the state of Louisiana the authority to prohibit or limit abortion.
Acts 2022, No. 545, §2.