Producing abortion or miscarriage, etc.; penalty (§ 18.2-71)—Virginia Decoded

Producing abortion or miscarriage, etc.; penalty

Except as provided in other sections of this article, if any person administer to, or cause to be taken by a woman, any drug or other thing, or use means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and thereby destroy such child, or produce such abortion or miscarriage, he shall be guilty of a Class 4 felony.

History

Code 1950, § 18.1-62; 1960, c. 358; 1970, c. 508; 1975, cc. 14, 15.

Download

Court Decisions

Simopoulos v. Com. (SCV, 04/24/81)
. . . provisions of Article 9. § 18.2-71. . . .

Richmond Medical Center for Women v. Herring (Court of Appeals for the Fourth Circuit, 06/24/09)
. . . Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially . . .

. . . Richmond Medical Center for Women William G. Fitzhugh, M.D., . . . (Court of Appeals for the Fourth Circuit, 06/03/05)
. . . birth infanticide." Va.Code Ann. § 18.2-71.1. A Class 4 felony in Virginia is punishable . . .

Richmond Medical Center for Women v. Herring (Court of Appeals for the Fourth Circuit, 05/20/08)
. . . partial birth infanticide." Va. Code Ann. § 18.2-71.1 (the Virginia Act or the Act). . . .

Miller v. Johnson (SCV, 04/25/86)
. . . S.Ct. 705, 726-27, 35 L.Ed.2d 147 (1973); Code §§ 18.2-71 to -76.2. Individuals are likewise free . . .

Richmond Medical Center for Women v. Hicks (District Court, E.D. Virginia, 02/02/04)
. . . Virginia General Assembly, codified at Va.Code Ann. § 18.2-71.1 ("the Act"), make it a Class 4 . . .

. . . RICHMOND MEDICAL CENTER FOR WOMEN WILLIAM G. FITZHUGH, M.D., . . . (Court of Appeals for the Fourth Circuit, 09/02/05)
. . . from its mother." Va.Code Ann. § 18.2-71.1(B). The statute explicitly excludes numerous . . .

Kalafut v. Gruver (SCV, 03/02/90)
. . . protected by the criminal law on abortion. Code §§ 18.2-71 to -76.1. The unborn child is afforded . . .

. . . Chris Simopoulos, M.D. v. Virginia State Board of Medicine, . . . (Court of Appeals for the Fourth Circuit, 03/19/81)
. . . conviction was based on a statute, Va.Code § 18.2-71, -74, which is unconstitutional in . . .

Richmond Medical Center v. Hicks (Court of Appeals for the Fourth Circuit, 06/03/05)
. . . partial birth infanticide." Va. Code Ann. § 18.2-71.1. . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

HB1126: Abortion or miscarriage; intent to destroy unborn child, penalty.

HB986: Abortion or miscarriage; penalty. (failed)

HB2278: Abortion; when lawful, 15-week gestational age, exceptions, penalty. (failed)

SB1284: Abortion; prohibited, exceptions, penalty. (failed)

SB1385: Abortion; when lawful, 15-week gestational age, exceptions, penalty. (failed)

HB1364: Abortion; prohibited, exception, saving life of the mother, penalty. (failed)