Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/72

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DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION

Opinion of the Court

not exceeding five hundred dollars, and by imprisonment in the county jail, not less than three, and not exceeding six months.[1]
  1. Massachusetts (1845):
    Whoever, maliciously or without lawful justification, with intent to cause and procure the miscarriage of a woman then pregnant with child, shall administer to her, prescribe for her, or advise or direct her to take or swallow, any poison, drug, medicine or noxious thing, or shall cause or procure her with like intent, to take or swallow any poison, drug, medicine or noxious thing; and whoever maliciously and without lawful justification, shall use any instrument or means whatever with the like intent, and every person, with the like intent, knowingly aiding and assisting such offender or offenders, shall be deemed guilty of felony, if the woman die in consequence thereof, and shall be imprisoned not more than twenty years, nor less than five years in the State Prison; and if the woman doth not die in consequence thereof, such offender shall be guilty of a misdemeanor, and shall be punished by imprisonment not exceeding seven years, nor less than one year, in the state prison or house of correction, or common jail, and by fine not exceeding two thousand dollars.[2]
  2. Michigan (1846):
    Sec. 33. Every person who shall administer to any woman pregnant with a quick child, any medicine, drug or substance whatever, or shall use or employ any, instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have

  1. Act of Jan. 9, 1841, ch. 6, § 2, 1841 Ala. Acts 143 (emphasis added).
  2. Act of Jan. 31, 1845, ch. 27, 1845 Mass. Acts 406 (emphasis added).