Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/68

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DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION

Opinion of the Court

APPENDIX A

This appendix contains statutes criminalizing abortion at all stages of pregnancy in the States existing in 1868. The statutes appear in chronological order.

  1. Missouri (1825):
    That every person who shall wilfully and maliciously administer or cause to be administered to or taken by any person, any poison, or other noxious, poisonous or destructive substance or liquid, with an intention to harm him or her thereby to murder, or thereby to cause or procure the miscarriage of any woman then being with child, and shall thereof be duly convicted, shall suffer imprisonment not exceeding seven years, and be fined not exceeding three thousand dollars.[1]
  2. Illinois (1827):
    Every person who shall wilfully and maliciously administer, or cause to be administered to, or taken by any person, any poison, or other noxious or destructive substance or liquid, with an intention to cause the death of such person, or to procure the miscarriage of any woman, then being with child, and shall thereof be duly convicted, shall be imprisoned for a term not exceeding three years, and be fined in a sum not exceeding one thousand dollars.[2]

  1. Act of July 4, 1925, ch. 1, §12, 1 Mo. Laws 281, 283 (1825); see also Act of Mar. 20, 1835, Mo. Rev. Stat. art. I, §§ 10, 36 (extending liability to abortions performed by instrument and establishing differential penalties for pre- and post-quickening abortion).1835) (emphasis added).
  2. Ill. Rev. Code § 46 (1827) (emphasis added); see also Ill. Rev. Code § 46 (1833) (same); Ill. Pub. Laws § 1 (1867) (extending liability to abortions "by means of any instruments" and raising penalties to imprisonment "not less than two nor more than ten years").