Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/74

Opinion of the Court

the state prison not exceeding three years, nor less than one year, and pay a fine not exceeding two hundred dollars.^[1]

1. Virginia (1848):

   Any free person who shall administer to any pregnant woman, any medicine, drug or substance whatever, or use or employ any instrument or other means with intent thereby to destroy the child with which such woman may be pregnant, or to produce abortion or miscarriage, and shall thereby destroy such child, or produce such abortion or miscarriage, unless the same shall have been done to preserve the life of such woman, shall be punished, if the death of a quick child be thereby produced, by confinement in the penitentiary, for not less than one nor more than five years, or if the death of a child, not quick, be thereby produced, by confinement in the jail for not less than one nor more than twelve months.^[2]

2. New Hampshire (1849):

   Sec. 1. That every person, who shall wilfully administer to any pregnant woman, any medicine, drug, substance or thing whatever, or shall use or employ any instrument or means whatever with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, or shall have been advised by two physicians to be necessary for that purpose, shall, upon conviction, be punished by imprisonment in the county jail not more than one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment at

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1. Act of Oct. 30, 1846, No. 33, 1846 Vt. Acts 34-35 (emphasis added)
2. Act of Mar. 14, 1848, tit. 1, ch. 3, § 9, 1848 Va. Acts 96 (emphasis added).