If the means used shall fail to produce an abortion, the offender is nevertheless guilty of an attempt to produce abortion, provided it be shown that such means were calculated to produce that result, and shall be fined not less than one hundred nor more than one thousand dollars.

The following article was held to have been impliedly repealed in McCorvey v. Hill, 385 F.3d 846 (5th Cir. 2004).

In Section 2, Chapter 62 (S.B. 8), and Section 4, Chapter 800 (H.B. 1280), Acts of the 87th Legislature, Regular Session, 2021, the legislature finds that the state statutes enacted before the ruling in Roe v. Wade, 410 U.S. 113 (1973), that prohibit and criminalize abortion unless the mother’s life is in danger, have not been repealed by the legislature, either expressly or by implication.
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