Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/90

This page has been validated.
90
DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION

Opinion of the Court

of not less than five hundred nor more than one thousand dollars, and imprisoned in the State prison for not less than one nor more than ten years.
Sec. 2. If by reason of any of the acts described in Section 1 hereof, the miscarriage of such woman is procured, and she does miscarry, causing the death of the unborn child, whether before or after quickening time, the person so offending shall be guilty of a felony, and confined in the penitentiary for not less than two, nor more than twenty-one years.
Sec. 3. If, by reason of the commission of any of the acts described in Section 1 hereof, the woman to whom such drug or substance has been administered, or upon whom such instrument has been used, shall die, the person offending shall be punished as now prescribed by law, for the offense of murder or manslaughter, as the facts may justify.
Sec. 4. The consent of the woman to the performance of the operation or administering of the medicines or substances, referred to, shall be no defense, and she shall be a competent witness in any prosecution under this act, and for that purpose she shall not be considered an accomplice.[1]
  1. Mississippi (1952):
    1. Whoever, by means of any instrument, medicine, drug, or other means whatever shall willfully and knowingly cause any woman pregnant with child to abort or miscarry, or attempts to procure or produce an abortion or miscarriage, unless the same were done as necessary for the preservation of the mother's life, shall be imprisoned in the state penitentiary no less than one (1) year, nor more than ten (10) years; or if the death of

  1. Ky. Acts ch. 58, §§ 1-4 (1910) (emphasis added).