Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/93

Opinion of the Court

produced, on conviction thereof, be imprisoned in the penitentiary not more than twenty years, nor less than one year.

Sec. 38. Every person who shall administer to any pregnant woman, or to any woman who he supposes to be pregnant, any medicine, drug, or substance whatever, or shall use or employ any instrument, or other means, thereby to procure the miscarriage of such woman, unless the same is necessary to preserve her life, shall on conviction thereof, be imprisoned in the penitentiary not more than five years, nor less than one year, or be imprisoned in the county jail not more than twelve months, nor less than one month, and be fined in any sum not exceeding one thousand dollars.^[1]

1. Colorado (1861):

   [E]very person who shall administer substance or liquid, or who shall use or cause to be used any instrument, of whatsoever kind, with the intention to procure the miscarriage of any woman then being with child, and shall thereof be duly convicted, shall be imprisoned for a term not exceeding three years, and fined in a sum not exceeding one thousand dollars; and if any woman, by reason of such treatment, shall die, the person or persons administering, or causing to be administered, such poison, substance or liquid, or using or causing to be used, any instrument, as aforesaid, shall be deemed guilty of manslaughter, and if convicted, be punished accordingly.^[2]

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1. Wash. (Terr.) Stat. ch. II, §§37-38, at 81. (1854) (emphasis added). Washington became a State in 1889. See 26 Stat. 1552-1553.
2. 1861 Colo. (Terr.) Laws div. 4, §42, at 296-297. Colorado became a State in 1876. See 19 Stat. 665-666.