Section 125.05. Homicide, abortion and related offenses; definitions of terms  


Latest version.
  • The following definitions are applicable to this article:
        1. "Person," when referring to the victim of a homicide, means a human
      being who has been born and is alive.
        2.  "Abortional  act" means an act committed upon or with respect to a
      female, whether by another person or by the female herself, whether  she
      is   pregnant  or  not,  whether  directly  upon  her  body  or  by  the
      administering, taking or prescription of drugs or in any  other  manner,
      with intent to cause a miscarriage of such female.
        3. "Justifiable abortional act." An abortional act is justifiable when
      committed  upon  a  female with her consent by a duly licensed physician
      acting (a) under a reasonable belief that such is necessary to  preserve
      her  life, or, (b) within twenty-four weeks from the commencement of her
      pregnancy. A pregnant female's commission  of  an  abortional  act  upon
      herself  is justifiable when she acts upon the advice of a duly licensed
      physician (1) that such act is necessary to preserve her life,  or,  (2)
      within  twenty-four  weeks  from  the commencement of her pregnancy. The
      submission by a female to an abortional  act  is  justifiable  when  she
      believes that it is being committed by a duly licensed physician, acting
      under  a  reasonable  belief  that such act is necessary to preserve her
      life,  or,  within  twenty-four  weeks  from  the  commencement  of  her
      pregnancy.