Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/98

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DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION

Opinion of the Court

or by both such fine and imprisonment in the discretion of the court trying the case.
Sec. 2. Any person committing such act or acts mentioned in section one hereof which shall culminate in the death of the woman shall be deemed guilty of murder in the second degree; Provided, however, an abortion may be produced when two physicians licensed to practice in the State of New Mexico, in consultation, deem it necessary to preserve the life of the woman, or to prevent serious and permanent bodily injury.
Sec. 3. For the purpose of the act, the term "pregnancy" is defined as that condition of a woman from the date of conception to the birth of her child.[1]

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District of Columbia (1901):
Whoever, with intent to procure the miscarriage of any woman, prescribes or administers to her any medicine, drug, or substance whatever, or with like intent uses any instrument or means, unless when necessary to preserve her life or health and under the direction of a competent licensed practitioner of medicine, shall be imprisoned for not more than five years; or if the woman or her child dies in consequence of such act, by imprisonment for not less than three nor more than twenty years.[2]

  1. Act of Feb. 21, 1919, Laws of N. M., ch. 4, §§1-3 (emphasis added). New Mexico had become a State in 1912. See 37 Stat. 1723-1724.
  2. 31 Stat. 1322. §809 (1901) (emphasis added).