TITLE XXIX CRIMES--PROCEDURE

CHAPTER 2919: OFFENSES AGAINST THE FAMILY

Ohio Revised Code 2919.12

§ 2919.12 Unlawful abortion.

(A) No person shall perform or induce an abortion without the informed consent of the pregnant woman.

(B)(1)(a) No person shall knowingly perform or induce an abortion upon a woman who is pregnant, unmarried, under eighteen years of age, and unemancipated unless at least one of the following applies:

(C)(1) It is an affirmative defense to a charge under division (B)(1) or (2) of this section that the pregnant woman provided the person who performed or induced the abortion with false, misleading, or incorrect information about her age, marital status, or emancipation, about the age of a brother or sister to whom she requested notice be given as a specified relative instead of to one of her parents, her guardian, or her custodian, or about the last known address of either of her parents, her guardian, her custodian, or a specified brother, sister, stepparent, or grandparent to whom she requested notice be given and the person who performed or induced the abortion did not otherwise have reasonable cause to believe the pregnant woman was under eighteen years of age, unmarried, or unemancipated, to believe that the age of a brother or sister to whom she requested notice be given as a specified relative instead of to one of her parents, her guardian, or her custodian was not twenty-one years of age, or to believe that the last known address of either of her parents, her guardian, her custodian, or a specified brother, sister, stepparent, or grandparent to whom she requested notice be given was incorrect.

(D) Whoever violates this section is guilty of unlawful abortion. A violation of division (A) of this section is a misdemeanor of the first degree on the first offense and a felony of the fourth degree on each subsequent offense. A violation of division (B) of this section is a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.

(E) Whoever violates this section is liable to the pregnant woman and her parents, guardian, or custodian for civil compensatory and exemplary damages.

(F) As used in this section "unemancipated" means that a woman who is unmarried and under eighteen years of age has not entered the armed services of the United States, has not become employed and self-subsisting, or has not otherwise become independent from the care and control of her parent, guardian, or custodian.


History: 135 v H 989 (Eff. 9/16/74); 141 v H 319 (Eff. 3/24/86); 146 v S 2. (Eff. 7/1/96).

Notes:

1.) Held constitutional: Ohio v. Akron Center for Reproductive Health, 497 US 29, 111 LEd2d 405, 110 SCt 72 (1990).

2.) In a waiver proceeding a minor must be allowed to show either: (1) that she is mature and informed enough to make her abortion decision independent of her parents; or (2) otherwise, that the abortion would be in her best interest. The process must be anonymous and sufficiently expeditious so as not to amount to an "absolute, and possibly arbitrary, veto" found impermissible in Danforth:   Bellotti v. Baird, 433 US 622, 99 SCt 3035, 61 LEd2d 797 (1979).

3.)  § 2919.12(B) is unconstitutional under Planned Parenthood of Central Missouri v. Danforth, 428 US 52, 96 SCt 2831, 49 LEd2d 788 (1976). Hoe v. Brown, 446 FSupp 329 (N.D. Ohio 1976).