311.787 Prohibition of certain abortion procedures when the probable

323 words·~1 min read·/ky/311-787

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

gestational age of the unborn child is 11 weeks or greater, except in the

case of a medical emergency -- Penalty not to apply to pregnant woman.

(1)As used in this section:

(a)"Bodily dismemberment, crushing, or human vivisection" means a

procedure in which a person, with the purpose of causing the death of an

unborn child, dismembers the living unborn child and extracts portions,

pieces, or limbs of the unborn child from the uterus through the use of

clamps, grasping forceps, tongs, scissors, or a similar instrument that,

through the convergence of two

(2)rigid levers, slices, crushes, or grasps,

or performs any combination of those actions on, any portion, piece, or

limb of the unborn child's body to cut or separate the portion, piece, or

limb from the body. The term includes a procedure that is used to cause

the death of an unborn child and in which suction is subsequently used to

extract portions, pieces, or limbs of the unborn child after the unborn

child's death;

(b)"Medical emergency" has the same meaning as in KRS 311.720;

(c)"Probable gestational age" has the same meaning as in KRS 311.720;

and

(d)"Unborn child" has the same meaning as in KRS 311.781.

(2)No person shall intentionally perform or induce or attempt to perform or induce

an abortion on a pregnant woman:

(a)That will result in the bodily dismemberment, crushing, or human

vivisection of the unborn child; and

(b)When the probable gestational age of the unborn child is eleven

weeks or greater;

except in the case of a medical emergency.

(3)A pregnant woman on whom an abortion is performed or induced or attempted

to be performed or induced in violation of subsection

(2)of this section is not

guilty of violating subsection

(2)of this section or of attempting to commit,

conspiring to commit, or complicity in committing a violation of subsection

(2)of

this section.