Ohio Code 2919.15 – Dismemberment abortion
(A) As used in this section:
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 fourth degree | 6 to 18 months | up to $5,000 |
Terms Used In Ohio Code 2919.15
- Child: includes child by adoption. See Ohio Code 1.59
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. 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
“Dismemberment abortion” means, with the purpose of causing the death of an unborn child, to dismember a living unborn child and extract the unborn child one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp a portion of the unborn child’s body to cut or rip it off. “Dismemberment abortion” does not include a procedure performed after the death of the unborn child to extract any remaining parts of the unborn child.
“Serious risk of the substantial and irreversible i mpairment of a major bodily function” has the same meaning as in section 2919.151 of the Revised Code.
“Unborn child” has the same meaning as in section 2919.16 of the Revised Code.
(B) No person shall knowingly perform or attempt to perform a dismemberment abortion when the dismemberment abortion is not necessary, in reasonable medical judgment, to preserve the life or physical health of the mother as a result of the mother’s life or physical health being endangered by a serious risk of the substantial and irreversible physical impairment of a major bodily function.
(C) Whoever violates division (B) of this section is guilty of dismemberment feticide, a felony of the fourth degree.
(D) None of the following are guilty of committing, attempting to commit, complicity in the commission of, or conspiracy in the commission of a violation of division (B) of this section:
(1) A pregnant woman upon whom a dismemberment abortion is performed in violation of division (B) of this section;
(2) An individual who is employed by the person who violates division (B) of this section and who acts at the direction of the person who violates division (B) of this section;
(3) A pharmacist or other individual who fills a p rescription or provides instruments or materials used in violating division (B) of this section.
(E) This section does not prohibit the suction curettage procedure of abortion or the suction aspiration procedure of abortion.