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Terms Used In Utah Code 76-7-326

  • Abortion: means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant, except as permitted under this part. See Utah Code 76-7-301
  • Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
  • Partial birth abortion: means an abortion in which the person performing the abortion:
              (11)(a)(i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and
              (11)(a)(ii) performs the overt act, other than completion of delivery, that kills the partially living fetus. See Utah Code 76-7-301
  • Physician: means :
         (13)(a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act;
         (13)(b) an osteopathic physician licensed to practice osteopathic medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
         (13)(c) a physician employed by the federal government who has qualifications similar to an individual described in Subsection (13)(a) or (b). See Utah Code 76-7-301

     Any physician who knowingly performs a partial birth abortion and thereby kills a human fetus shall be fined or imprisoned, or both, as provided under this part. This section does not apply to a partial birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life endangering physical condition caused by or arising from the pregnancy itself.