Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 330
BY SENATOR WARD AND REPRESENTATIVES ADAMS, ARMES, BADON,
BARRAS, BARROW, STUART BISHOP, BROADWATER, HENRY
BURNS, TIM BURNS, BURRELL, CARTER, CHAMPAGNE,
CHANEY, CONNICK, CROMER, DANAHAY, GAROFALO,
GUILLORY, GUINN, HARRIS, HARRISON, HAZEL, HENRY,
HENSGENS, HILL, HOFFMANN, HOLLIS, HOWARD, HUNTER,
KATRINA JACKSON, NANCY LANDRY, LIGI, LOPINTO,
LORUSSO, MACK, JAY MORRI S, NORTON, POPE, PYLANT,
REYNOLDS, SCHRODER, SEABAUGH, SIMON, ST. GERMAIN,
TALBOT, THIBAUT, THOMPSON AND WHITNEY
AN ACT1
To enact R.S. 14:32.9 and 32.9.1, relative to abortion; to create the crime of criminal2
abortion; to create the crime of aggravated criminal abortion; to prohibit any3
individual who is not a licensed physician from performing an abortion; to prohibit4
the dismemberment of an unborn child by an abortionist who is not a licensed5
physician; to provide for definitions; to provide for exceptions; to provide for6
construction; to provide for penalties; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:32.9 and 32.9.1 are hereby enacted to read as follows: 9
§32.9. Criminal abortion10
A. Criminal abortion is an abortion performed, with or without the11
consent of the pregnant woman or her legal guardian, that results in the death12
of an unborn child when the abortion is performed by any individual who is not13
a physician licensed by the state of Louisiana.14
B. As used in this Section:15
(1) "Abortion" means the act of using or prescribing any instrument,16
medicine, drug, or any other substance, device, or means with the intent to17
terminate the clinically diagnosable pregnancy of a woman with knowledge that18
the termination by those means will, with reasonable likelihood, cause the death19
of the unborn child. Such use, prescription, or means is not an abortion if done20
with the intent to:21
ACT No. 646 SB NO. 330 ENROLLED
Page 2 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(a) Save the life or preserve the health of an unborn child.1
(b) Remove a dead unborn child or induce delivery of the uterine2
contents in case of a positive diagnosis, certified in writing in the woman's3
medical record along with the results of an obstetric ultrasound test, that the4
pregnancy has ended or is in the unavoidable and untreatable process of ending5
due to spontaneous miscarriage, also known in medical terminology as6
spontaneous abortion, missed abortion, inevitable abortion, incomplete7
abortion, or septic abortion.8
(c) Remove an ectopic pregnancy.9
(2) "Physician" means a natural person who is the holder of an10
allopathic (M.D.) degree or an osteopathic (D.O.) degree from a medical college11
in good standing with the Louisiana State Board of Medical Examiners who12
holds a license, permit, certification, or registration issued by the Louisiana13
State Board of Medical Examiners to engage in the practice of medicine in this14
state.15
(3) "Unborn child" means the unborn offspring of human beings from16
the moment of conception through pregnancy and until live birth.17
C. Any person who knowingly performs an abortion in violation of this18
Section shall be imprisoned at hard labor for not less than one nor more than19
five years, fined not less than five thousand nor more than fifty thousand20
dollars, or both.21
D. Statutory Construction. None of the following shall be construed to22
create the crime of criminal abortion:23
(1) Any action taken when a physician or other licensed medical24
professional is acting in the course of administering lawful medical care and an25
unborn child dies.26
(2) Any act taken or omission by a pregnant woman with regard to her27
own unborn child.28
§32.9.1. Aggravated criminal abortion by dismemberment29
A. Aggravated criminal abortion by dismemberment is the commission30 SB NO. 330 ENROLLED
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of a criminal abortion, as defined in R.S. 14:32.9(A), when the unborn child is1
intentionally dismembered, whether the act of dismemberment was in the2
course of or following the death of the unborn child.3
B. As used in this Section:4
(1) "Abortion" means the act of using or prescribing any instrument,5
medicine, drug, or any other substance, device, or means with the intent to6
terminate the clinically diagnosable pregnancy of a woman with knowledge that7
the termination by those means will, with reasonable likelihood, cause the death8
of the unborn child. Such use, prescription, or means is not an abortion if done9
with the intent to:10
(a) Save the life or preserve the health of an unborn child.11
(b) Remove a dead unborn child or induce delivery of the uterine12
contents in case of a positive diagnosis, certified in writing in the woman's13
medical record along with the results of an obstetric ultrasound test, that the14
pregnancy has ended or is in the unavoidable and untreatable process of ending15
due to spontaneous miscarriage, also known in medical terminology as16
spontaneous abortion, missed abortion, inevitable abortion, incomplete17
abortion, or septic abortion.18
(c) Remove an ectopic pregnancy.19
(2) "Dismembered" or "dismemberment" means the use of a clamp,20
forceps, curette, suction cannula, or any other surgical tool or instrument with21
the intent to disarticulate the head or limbs from the body of the unborn child22
during an abortion, including but not limited to the common abortion methods23
known as suction curettage and dilation and evacuation.24
(3) "Physician" means a natural person who is the holder of an25
allopathic (M.D.) degree or an osteopathic (D.O.) degree from a medical college26
in good standing with the Louisiana State Board of Medical Examiners who27
holds a license, permit, certification, or registration issued by the Louisiana28
State Board of Medical Examiners to engage in the practice of medicine in this29
state.30 SB NO. 330 ENROLLED
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(4) "Unborn child" means the unborn offspring of human beings from1
the moment of conception through pregnancy and until live birth.2
C. Any person who knowingly performs an abortion in violation of this3
Section shall be imprisoned at hard labor for not less than one nor more than4
ten years, fined not less than ten thousand nor more than one hundred thousand5
dollars, or both.6
D. Exceptions. None of the following shall be construed to create the7
crime of criminal abortion:8
(1) Any action taken when a physician or other licensed medical9
professional is acting in the course of administering lawful medical care and an10
unborn child dies.11
(2) Any act taken or omission by a pregnant woman with regard to her12
own unborn child.13
Section 2. Nothing in this Act shall be construed as creating or recognizing a right14
to abortion. It is not the intention of this Act to make lawful an abortion that is currently15
unlawful. Nothing in this Act shall be construed to preclude a prosecution under any other16
section or provision of the law.17
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: