CHAPTER 14-02.6PARTIAL-BIRTH ABORTION14-02.6-01. Definitions. As used in this chapter:1."Partially born" means the living intact fetus's body, with the entire head attached, is<br>delivered so that any of the following has occurred:a.The living intact fetus's entire head, in the case of a cephalic presentation, or<br>any portion of the living intact fetus's torso above the navel, in the case of a<br>breech presentation, is delivered past the mother's vaginal opening; orb.The living intact fetus's entire head, in the case of a cephalic presentation, or<br>any portion of the living intact fetus's torso above the navel, in the case of a<br>breech presentation, is delivered outside the mother's abdominal wall.2."Sharp curettage or suction curettage abortion" means an abortion in which the<br>developing child and products of conception are evacuated from the uterus with a<br>sharp curettage or through a suction cannula with an attached vacuum apparatus.14-02.6-02. Prohibition - Penalty - Exception.1.Any person who intentionally causes the death of a living intact fetus while that living<br>intact fetus is partially born is guilty of a class AA felony. A mother whose living<br>intact fetus dies while partially born may not be prosecuted for a violation of this<br>chapter or for conspiracy to violate this chapter.2.This chapter does not apply to a sharp curettage or suction curettage abortion or to<br>any offense committed under chapter 12.1-17.1 or chapter 14-02.1.14-02.6-03.Exception for life of mother.Section 14-02.6-02 does not prohibit aphysician from taking measures that in the physician's medical judgment are necessary to save<br>the life of a mother whose life is endangered by a physical disorder, illness, or injury, if:1.Every reasonable precaution is also taken, in this case, to save the child's life; and2.The physician first certifies in writing, setting forth in detail the facts upon which the<br>physician relies in making this judgment. This certification is not required in the case<br>of an emergency and the procedure is necessary to preserve the life of the mother.Page No. 1Document Outlinechapter 14-02.6 partial-birth abortion
CHAPTER 14-02.6PARTIAL-BIRTH ABORTION14-02.6-01. Definitions. As used in this chapter:1."Partially born" means the living intact fetus's body, with the entire head attached, is<br>delivered so that any of the following has occurred:a.The living intact fetus's entire head, in the case of a cephalic presentation, or<br>any portion of the living intact fetus's torso above the navel, in the case of a<br>breech presentation, is delivered past the mother's vaginal opening; orb.The living intact fetus's entire head, in the case of a cephalic presentation, or<br>any portion of the living intact fetus's torso above the navel, in the case of a<br>breech presentation, is delivered outside the mother's abdominal wall.2."Sharp curettage or suction curettage abortion" means an abortion in which the<br>developing child and products of conception are evacuated from the uterus with a<br>sharp curettage or through a suction cannula with an attached vacuum apparatus.14-02.6-02. Prohibition - Penalty - Exception.1.Any person who intentionally causes the death of a living intact fetus while that living<br>intact fetus is partially born is guilty of a class AA felony. A mother whose living<br>intact fetus dies while partially born may not be prosecuted for a violation of this<br>chapter or for conspiracy to violate this chapter.2.This chapter does not apply to a sharp curettage or suction curettage abortion or to<br>any offense committed under chapter 12.1-17.1 or chapter 14-02.1.14-02.6-03.Exception for life of mother.Section 14-02.6-02 does not prohibit aphysician from taking measures that in the physician's medical judgment are necessary to save<br>the life of a mother whose life is endangered by a physical disorder, illness, or injury, if:1.Every reasonable precaution is also taken, in this case, to save the child's life; and2.The physician first certifies in writing, setting forth in detail the facts upon which the<br>physician relies in making this judgment. This certification is not required in the case<br>of an emergency and the procedure is necessary to preserve the life of the mother.Page No. 1Document Outlinechapter 14-02.6 partial-birth abortion
CHAPTER 14-02.6PARTIAL-BIRTH ABORTION14-02.6-01. Definitions. As used in this chapter:1."Partially born" means the living intact fetus's body, with the entire head attached, is<br>delivered so that any of the following has occurred:a.The living intact fetus's entire head, in the case of a cephalic presentation, or<br>any portion of the living intact fetus's torso above the navel, in the case of a<br>breech presentation, is delivered past the mother's vaginal opening; orb.The living intact fetus's entire head, in the case of a cephalic presentation, or<br>any portion of the living intact fetus's torso above the navel, in the case of a<br>breech presentation, is delivered outside the mother's abdominal wall.2."Sharp curettage or suction curettage abortion" means an abortion in which the<br>developing child and products of conception are evacuated from the uterus with a<br>sharp curettage or through a suction cannula with an attached vacuum apparatus.14-02.6-02. Prohibition - Penalty - Exception.1.Any person who intentionally causes the death of a living intact fetus while that living<br>intact fetus is partially born is guilty of a class AA felony. A mother whose living<br>intact fetus dies while partially born may not be prosecuted for a violation of this<br>chapter or for conspiracy to violate this chapter.2.This chapter does not apply to a sharp curettage or suction curettage abortion or to<br>any offense committed under chapter 12.1-17.1 or chapter 14-02.1.14-02.6-03.Exception for life of mother.Section 14-02.6-02 does not prohibit aphysician from taking measures that in the physician's medical judgment are necessary to save<br>the life of a mother whose life is endangered by a physical disorder, illness, or injury, if:1.Every reasonable precaution is also taken, in this case, to save the child's life; and2.The physician first certifies in writing, setting forth in detail the facts upon which the<br>physician relies in making this judgment. This certification is not required in the case<br>of an emergency and the procedure is necessary to preserve the life of the mother.Page No. 1Document Outlinechapter 14-02.6 partial-birth abortion
