North Dakota Code 12.1-17-14 – Forced or coerced abortion – Penalty
1. As used in this section:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $10,000 |
Terms Used In North Dakota Code 12.1-17-14
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Force: means physical action. See North Dakota Code 12.1-01-04
- Harm: means loss, disadvantage, or injury to the person affected, and includes loss, disadvantage, or injury to any other person in whose welfare the person affected is interested. See North Dakota Code 12.1-01-04
- Individual: means a human being. See North Dakota Code 1-01-49
a. “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable intrauterine pregnancy of a woman, including the elimination of one or more unborn children in a multifetal pregnancy, with knowledge the termination will with reasonable likelihood cause the death of the unborn child. The use, prescription, or means is not an abortion if done with the intent to:
(1) Save the life or preserve the health of the unborn child; (2) Remove a dead unborn child caused by spontaneous abortion; or
(3) Treat a woman for an ectopic pregnancy.
b. “Force or coerce” means committing, attempting to commit, or threatening to commit physical harm to a woman, the unborn child, or another individual intended to compel the woman to have an abortion performed against her will.
c. “Threat” means at least one statement, or a course of conduct by the individual, which places a woman in reasonable apprehension that the individual will follow through with the statement or act as implied by the individual’s course of conduct. The term does not include constitutionally protected speech or any generalized statement regarding a lawful pregnancy option.
2. It is a class C felony to force or coerce a woman to have an abortion against her will.
3. Upon the request of the victim, a law enforcement agency investigating a violation of this section shall notify the victim not less than twenty-four hours before initially contacting the individual alleged to have committed a violation of this section.