TITLE XXIX CRIMES--PROCEDURE

CHAPTER 2919: OFFENSES AGAINST THE FAMILY

Ohio Revised Code 2919.17

§ 2919.17 Terminating or attempting to terminate human pregnancy after viability.

(A) No person shall purposely perform or induce or attempt to perform or induce an abortion upon a pregnant woman if the unborn human is viable, unless either of the following applies:

(B)(1) Except as provided in division (B)(2) of this section, no physician shall purposely perform or induce or attempt to perform or induce an abortion upon a pregnant woman when the unborn human is viable and when the physician has determined, in good faith and in the exercise of reasonable medical judgment, that the abortion is necessary to prevent the death of the pregnant woman or a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman, unless each of the following conditions is satisfied:

(C) For purposes of this section, it shall be rebuttably presumed that anunborn child of at least twenty-four weeks of gestational age is viable.

(D) Whoever violates this section is guilty of terminating or attempting toterminate a human pregnancy after viability, a felony of the fourth degree.

(E) A pregnant woman upon whom an abortion is performed or induced or attempted to be performed or induced in violation of division (A) or (B) of this section is not guilty of an attempt to commit, complicity in the commission of, or conspiracy in the commission of a violation of either of those divisions.


History: 146 v H 135. Eff. 11/15/95.

Notes:

Women's Medical Professional Corp. v. Voinovich, 911 FSupp 1051 (S.D. Ohio 1995).