18 U.S.C. § 1531 : US Code - Section 1531: Partial-birth abortions prohibited

Search 18 U.S.C. § 1531 : US Code - Section 1531: Partial-birth abortions prohibited

(a) Any physician who, in or affecting interstate or foreign
commerce, knowingly performs a partial-birth abortion and thereby
kills a human fetus shall be fined under this title or imprisoned
not more than 2 years, or both. This subsection does not apply to a
partial-birth abortion that is necessary to save the life of a
mother whose life is endangered by a physical disorder, physical
illness, or physical injury, including a life-endangering physical
condition caused by or arising from the pregnancy itself. This
subsection takes effect 1 day after the enactment.
(b) As used in this section -
(1) the term "partial-birth abortion" means an abortion in
which the person performing the abortion -
(A) deliberately and intentionally vaginally delivers a
living fetus until, in the case of a head-first presentation,
the entire fetal head is outside the body of the mother, or, in
the case of breech presentation, any part of the fetal trunk
past the navel is outside the body of the mother, for the
purpose of performing an overt act that the person knows will
kill the partially delivered living fetus; and
(B) performs the overt act, other than completion of
delivery, that kills the partially delivered living fetus; and
(2) the term "physician" means a doctor of medicine or
osteopathy legally authorized to practice medicine and surgery by
the State in which the doctor performs such activity, or any
other individual legally authorized by the State to perform
abortions: Provided, however, That any individual who is not a
physician or not otherwise legally authorized by the State to
perform abortions, but who nevertheless directly performs a
partial-birth abortion, shall be subject to the provisions of
this section.
(c)(1) The father, if married to the mother at the time she
receives a partial-birth abortion procedure, and if the mother has
not attained the age of 18 years at the time of the abortion, the
maternal grandparents of the fetus, may in a civil action obtain
appropriate relief, unless the pregnancy resulted from the
plaintiff's criminal conduct or the plaintiff consented to the
abortion.
(2) Such relief shall include -
(A) money damages for all injuries, psychological and physical,
occasioned by the violation of this section; and
(B) statutory damages equal to three times the cost of the
partial-birth abortion.
(d)(1) A defendant accused of an offense under this section may
seek a hearing before the State Medical Board on whether the
physician's conduct was necessary to save the life of the mother
whose life was endangered by a physical disorder, physical illness,
or physical injury, including a life-endangering physical condition
caused by or arising from the pregnancy itself.
(2) The findings on that issue are admissible on that issue at
the trial of the defendant. Upon a motion of the defendant, the
court shall delay the beginning of the trial for not more than 30
days to permit such a hearing to take place.
(e) A woman upon whom a partial-birth abortion is performed may
not be prosecuted under this section, for a conspiracy to violate
this section, or for an offense under section 2, 3, or 4 of this
title based on a violation of this section.