Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/80

Opinion of the Court

Sec. 88. If any person, with intent to procure the miscarriage of any woman, shall unlawfully administer to her any poison, drug or substance whatsoever, with the like intent, such person shall be guilty of felony, and being thereof convicted, shall be sentenced to pay a fine not exceeding five hundred dollars, and undergo an imprisonment, by separate or solitary confinement at labor, not exceeding three years.^[1]

1. Rhode Island (1861):

   Every person who shall be convicted of wilfully administering to any pregnant woman, or to any woman supposed by such person to be pregnant, anything whatever, or shall employ any means whatever, with intent thereby to procure the miscarriage of such woman, unless the same is necessary to preserve her life, shall be imprisoned not exceeding one year, or fined not exceeding one thousand dollars.^[2]

2. Nevada (1861):

   [E]very person who shall administer, or cause to be administered or taken, any medicinal substance, or shall use, or cause to be used, any instruments whatever, with the intention to procure the miscarriage of any woman then being with child, and shall be thereof duly convicted, shall be punished by imprisonment in the Territorial prison, for a term not less than two years, nor more than five years; provided, that no physician shall be affected by the last clause of this section, who, in the discharge of his professional duties, deems it nec-

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1. Act of Mar. 31, 1860, No. 374, tit. 6, §§ 87-88, 1860 Pa. Laws 404-405 (emphasis added).
2. Acts of Mar. 15, 1861, ch. 371, § 1, Acts 7 Resolves R. I. 133 (emphasis added).