Chapter 39 - Abortion

Chapter 39 - Abortion

46.3901 Definitions.


(a) "Abortion" means the termination of human pregnancy for purposes other than delivery of a viable fetus.

(b) "Hospital" means the Lyndon B. Johnson Tropical Medical Center.

(c) "Physician" means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this Territory.

(d) "Viable fetus" means a fetus potentially able to live outside the mother's womb, even though artificial aid may be required.

(e) "First trimester of pregnancy" means the first 13 weeks of a pregnancy.

(f) "Second trimester of pregnancy" means that portion of a pregnancy following the thir-teenth week and preceding the twenty-fourth week of pregnancy.

(g) "Third trimester of pregnancy" means that portion of a pregnancy after the twenty-third week of pregnancy and includes the entire period after the fetus is or may be viable.

46.3902 Unlawful abortion.


(a) A person commits the crime of unlawful abortion if he uses any instrument or device or prescribes or administers any medicine, drug, or other substance which is likely to produce an abortion of a pregnant woman, with purpose to produce an abortion unless the abortion is authorized under 46.3903.

(b) The defendant has the burden of injecting the issue of authorized abortion.

(c) Unlawful abortion is a class D felony.

46.3903 Authorized abortions.


An authorized abortion is an abortion performed by a physician upon a consenting woman under the following conditions:

(1) the life of the patient would be endangered by continuance of the pregnancy; or

(2) the continuance of the pregnancy would substantially impair the physical or mental health of the patient.

46.3904 Conscientious objections to abortion-Liability.


No physician or hospital employee is required against his conscience to perform, or partici-pate in any abortion, and the failure or refusal to do so may not be the basis for any civil, criminal, administrative or disciplinary action, proceeding, penalty, or punishment. If any request for an abortion is denied, the patient is notified immediately.

46.3905 Concealing birth of an infant.


(a) A person commits the crime of concealing the birth of an infant if he conceals the body of a child with the purpose to conceal the fact of its birth or to prevent a determination of whether it was a live birth or stillbirth.

(b) Concealing the birth of an infant is a class D felony.

46.3906 Distributing abortifacients.


(a) A person commits the crime of distributing abortifacients if he gives, distributes or sells any drug, medicine, or other abortifacient or anything specially designed to terminate a pregnancy and:

(1) he knows it to be an abortifacient or something specially designed to terminate a pregnancy; or

(2) he reasonably believes it will be used as an abortifacient or to terminate a pregnancy.

(b) Subsection (a) does not apply to any gift, distribution, or sale to a physician or a licensed pharmacist or to an intermediary in a chain of distribution to physicians or pharmacists, nor to any gift, distribution, or sale made upon the prescription of a physician.

(c) The defendant has the burden of injecting the issue of lawful distribution under subsection (b).

(d) Distributing abortifacients is a class A misdemeanor.