SLS 24RS-268 ORIGINAL
2024 Regular Session
SENATE BILL NO. 276
BY SENATOR PRESSLY
CRIME/PUNISHMENT. Creates the crime of coerced criminal abortion by means of fraud
to prohibit a third-party from knowingly using an abortion-inducing drug to cause, or attempt
to cause, an abortion on an unsuspecting pregnant mother without her knowledge or consent
and amends various abortion criminal laws to add the crime of attempted abortion. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 14:87.7(A), 87.8(A), and 87.9(A) and to enact R.S. 14:87.6.1 and
3 R.S. 15:1352(A)(71), relative to abortion; to create the crime of coerced criminal
4 abortion by means of fraud; to provide relative to the crime of attempted abortion;
5 to provide relative to the crime of attempted late term abortion; to provide relative
6 to the crime of criminal abortion by means of abortion-inducing drugs; to provide
7 penalties; to provide relative to the definition of crime racketeering activity; and to
8 provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 14:87.7(A), 87.8(A), and 87.9(A) are hereby amended and reenacted
11 and R.S. 14:87.6.1 is hereby enacted to read as follows:
12 §87.6.1. Coerced criminal abortion by means of fraud
13 A. Coerced criminal abortion by means of fraud is committed when a
14 person knowingly and intentionally engages in the use or attempted use of an
15 abortion-inducing drug on a pregnant woman, without her knowledge or
16 consent, to cause an abortion.
17 B.(1) Except as provided in Paragraph (2) of this Subsection, whoever
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 276
SLS 24RS-268 ORIGINAL
1 commits the crime of coerced criminal abortion by means of fraud shall be
2 imprisoned at hard labor for not less than five nor more than ten years, fined
3 not less than ten thousand nor more than seventy-five thousand dollars, or both.
4 (2) Whoever commits the crime of coerced criminal abortion by means
5 of fraud when the unborn child is more than three months of gestational age
6 and, therefore, substantially increases the pregnant woman's risk of death or
7 serious bodily harm due to the nonconsensual use of an abortion- inducing drug
8 on the pregnant woman, shall be imprisoned at hard labor for not less than ten
9 nor more than twenty years, fined not less than fifty thousand nor more than
10 one hundred thousand dollars, or both.
11 C. The prosecution of a person pursuant to this Section shall not be a
12 defense against the prosecution under any other provision of law, including
13 murder or attempted murder, should the person commit the crime of coerced
14 criminal abortion by means of fraud and the use of an abortion-inducing drug
15 results in the death or serious bodily injury of the pregnant woman.
16 §87.7. Abortion
17 A. It shall be unlawful for a physician or other person to perform or attempt
18 to perform an abortion, with or without the consent of the pregnant female.
19 * * *
20 §87.8. Late term abortion
21 A. It shall be unlawful for a physician or other person to perform or attempt
22 to perform a late term abortion, with or without the consent of the pregnant female.
23 * * *
24 §87.9. Criminal abortion by means of abortion-inducing drugs
25 A. Criminal abortion by means of an abortion-inducing drug is committed
26 when a person knowingly causes, or attempts to cause, an abortion to occur by
27 means of delivering, dispensing, distributing, or providing a pregnant woman with
28 an abortion-inducing drug.
29 * * *
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 276
SLS 24RS-268 ORIGINAL
1 Section 2. R.S. 15:1352(A)(71) is hereby enacted to read as follows:
2 §1352. Definitions
3 A. As used in this Chapter, "racketeering activity" means committing,
4 attempting to commit, conspiring to commit, or soliciting, coercing, or intimidating
5 another person to commit any crime that is punishable under the following
6 provisions of Title 14 of the Louisiana Revised Statutes of 1950, the Uniform
7 Controlled Dangerous Substances Law, or the Louisiana Securities Law:
8 * * *
9 (71) R.S. 14:87.9 (Criminal abortion by means of abortion-inducing
10 drug)
11 * * *
12 Section 3. This Act shall become effective upon signature by the governor or, if not
13 signed by the governor, upon expiration of the time for bills to become law without signature
14 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
15 vetoed by the governor and subsequently approved by the legislature, this Act shall become
16 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
SB 276 Original 2024 Regular Session Pressly
Proposed law creates the crime of criminal abortion by means of fraud and adds attempted
abortion to certain criminal abortion statutes. Designates the crime of abortion by means of
abortion-inducing drugs as a "racketeering activity".
Proposed law creates the crime of coerced criminal abortion by means of fraud and defines
the elements as knowingly and intentionally engaging in the use, or attempted use, of an
abortion-inducing drug on a pregnant woman, without her knowledge or consent, to cause
an abortion. Provides that it is not a defense to prosecution if the attempt fails to cause the
death of the unborn child. Provides that it is not a defense to the prosecution of murder or
attempted murder if the person commits the crime of coerced criminal abortion by means
of fraud and the use of an abortion-inducing drug results in the death or serious bodily injury
of the pregnant woman. Creates an enhanced penalty if the unborn child is more than three
months of gestational age and, therefore, substantially increases the pregnant woman's risk
of death or serious bodily harm due to the nonconsensual use of an abortion inducing drug
on the pregnant woman.
Present law provides that it is unlawful for a physician or other person to perform an
abortion, with or without the consent of the pregnant female.
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SLS 24RS-268 ORIGINAL
Proposed law amends present law to include attempted abortion as an additional crime.
Present law provides that it is unlawful for a physician or other person to perform a late term
abortion, with or without the consent of the pregnant female.
Proposed law amends present law to include attempted late term abortion as an additional
crime.
Present law provides that criminal abortion by means of an abortion-inducing drug is
committed when a person knowingly causes an abortion to occur by means of delivering,
dispensing, distributing, or providing a pregnant woman with an abortion-inducing drug.
Proposed law amends present law to include attempted criminal abortion by means of an
abortion-inducing drug as an additional crime.
Present law provides for the definition of "racketeering activity" and provides for certain
criminal offenses and otherwise retains present law.
Proposed law adds criminal abortion by means of abortion-inducing drugs to the definition
of "racketeering activity".
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:87.7(A), 87.8(A), 87.9(A); adds R.S. 14:87.6.1 and 15:1352(A)(71))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.