ARTICLE 125 HOMICIDE, ABORTION AND RELATED OFFENSES

Section 125.00 Homicide defined.
             125.05 Homicide, abortion and related offenses; definitions of terms.
             125.10 Criminally negligent homicide.
             125.12 Vehicular manslaughter in the second degree.
             125.13 Vehicular manslaughter in the first degree.
             125.15 Manslaughter in the second degree.
             125.20 Manslaughter in the first degree.
             125.25 Murder in the second degree.
             125.27 Murder in the first degree.
             125.40 Abortion in the second degree.
             125.45 Abortion in the first degree.
             125.50 Self-abortion in the second degree.
             125.55 Self-abortion in the first degree.
             125.60 Issuing abortional articles.

Sec. 125.00 Homicide defined.
Homicide means conduct which causes the death of a person or an unborn child with which a female has been pregnant for more than twenty-four weeks under circumstances constituting murder, manslaughter in the first degree, manslaughter in the second degree, criminally negligent homicide, abortion in the first degree or self-abortion in the first degree.

§ 125.05 Homicide, abortion and related offenses; definitions of terms.
The following definitions are applicable to this article:
1. "Person," when referring to the victim of a homicide, means a human being who has been born and is alive.
2. "Abortional act" means an act committed upon or with respect to a female, whether by another person or by the female herself, whether she is pregnant or not, whether directly upon her body or by the administering, taking or prescription of drugs or in any other manner, with intent to cause a miscarriage of such female.
3. "Justifiable abortional act." An abortional act is justifiable when committed upon a female with her consent by a duly licensed physician acting (a) under a reasonable belief that such is necessary to preserve her life, or, (b) within twenty-four weeks from the commencement of her pregnancy. A pregnant female's commission of an abortional act upon herself is justifiable when she acts upon the advice of a duly licensed physician (1) that such act is necessary to preserve her life, or, (2)within twenty-four weeks from the commencement of her pregnancy. The submission by a female to an abortional act is justifiable when she believes that it is being committed by a duly licensed physician, acting under a reasonable belief that such act is necessary to preserve her life, or, within twenty-four weeks from the commencement of her pregnancy.

Sec. 125.40 Abortion in the second degree. A person is guilty of abortion in the second degree when he commits an abortional act upon a female, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.
Abortion in the second degree is a class E felony.

Sec. 125.45 Abortion in the first degree. A person is guilty of abortion in the first degree when he commits upon a female pregnant for more than twenty-four weeks an abortional act which causes the miscarriage of such female, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.
Abortion in the first degree is a class D felony.

§ 125.50 Self-abortion in the second degree. A female is guilty of self-abortion in the second degree when, being pregnant, she commits or submits to an abortional act upon herself, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.
Self-abortion in the second degree is a class B misdemeanor.

§ 125.55 Self-abortion in the first degree. A female is guilty of self-abortion in the first degree when, being pregnant for more than twenty-four weeks, she commits or submits to an abortional act upon herself which causes her miscarriage, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.
Self-abortion in the first degree is a class A misdemeanor.

Sec. 125.60 Issuing abortional articles. A person is guilty of issuing abortional articles when he manufactures, sells or delivers any instrument, article, medicine, drug or substance with intent that the same be used in unlawfully procuring the miscarriage of a female.
Issuing abortional articles is a class B misdemeanor.


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