TITLE 23

Health and Safety

CHAPTER 23-4.12

Partial Birth Abortion

SECTION 23-4.12-1



   § 23-4.12-1  Definitions. –

(a) For purposes of this chapter, "partial birth abortion" means an abortion in

which the person performing the abortion vaginally delivers a living human

fetus before killing the infant and completing the delivery.



   (b) For purposes of this chapter, the terms "fetus" and

"infant" are used interchangeably to refer to the biological offspring of human

parents.



   (c) As used in this section, "vaginally delivers a living

fetus before killing the infant" means deliberately and intentionally delivers

into the vagina a living fetus, or a substantial portion of the fetus, for the

purpose of performing a procedure the person performing the abortion knows will

kill the infant, and kills the infant.



History of Section.

(P.L. 1997, ch. 76, § 2; P.L. 1998, ch. 305, § 1.)