Ohio Code 2919.13 – Abortion manslaughter; failure to render medical care to an infant born alive; civil action
(A) No person shall purposely take the life of a child born by attempted abortion who is alive when removed from the uterus of the pregnant woman.
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the first degree | 3 years or more | up to $20,000 |
Terms Used In Ohio Code 2919.13
- Child: includes child by adoption. See Ohio Code 1.59
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Property: means real and personal property. See Ohio Code 1.59
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(B) No person who performs an abortion shall purposely fail to take the measures required by the exercise of medical judgment in light of the attending circumstances to preserve the health or life of a child who is alive when removed from the uterus of the pregnant woman.
(C)(1) Whoever violates division (A) of this section is guilty of abortion manslaughter, a felony of the first degree.
(2) Whoever violates division (B) of this section and the child dies as a result of the person’s failure to take the measures described in that division is guilty of abortion manslaughter, a felony of the first degree.
(3) Whoever violates division (B) of this section and the child survives notwithstanding the person’s failure to take the measures described in that division is guilty of failure to render medical care to an infant born alive, a felony of the first degree.
(D)(1) A woman on whom an abortion is performed or attempted may file a civil action for the wrongful death of the woman’s child against a person who violates division (A) of this section.
(2) A woman on whom an abortion is performed or attempted may file a civil action for injury, death, or loss to person or property against a person who violates division (B) of this section.
(3) A woman who prevails in an action filed under division (D)(1) or (2) of this section shall receive both of the following from the person who committed the act:
(a) Compensatory and exemplary damages in an amount determined by the trier of fact;
(b) Court costs and reasonable attorney’s fees.
Last updated January 13, 2022 at 5:37 PM