Health and Safety
Partial Birth Abortion
§ 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
(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.)