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DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION

Opinion of the Court

APPENDIX B

This appendix contains statutes criminalizing abortion at all stages in each of the territories that became States and in the District of Columbia. The statutes appear in chronological order of enactment.

  1. Hawaii (1850):
    Sec. 1. Whoever maliciously, without lawful justification, administers, or causes or procures to be administered any poison or noxious thing to a woman then with child, in order to produce her miscarriage, or maliciously uses any instrument or other means with like intent, shall, if such woman be then quick with child, be punished by fine not exceeding one thousand dollars and imprisonment at hard labor not more than five years. And if she be then not quick with child, shall be punished by a fine not exceeding five hundred dollars, and imprisonment at hard labor not more than two years.
    Sec. 2. Where means of causing abortion are used for the purpose of saving the life of the woman, the surgeon or other person using such means is lawfully justified.[1]
  2. Washington (1854):
    Sec. 37. 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, shall, in case the death of such child or of such mother be thereby

  1. Haw. Pen. Code §§1-2 (1850) (emphasis added). Hawaii became a State in 1959. See 73 Stat. c74-c75.