§ 41-41-151. Short title

Sections 41-41-151 through 41-41-169 may be cited as the “Mississippi Unborn Child Protection from Dismemberment Abortion Act.”

§ 41-41-153. Definitions

For the purposes of Sections 41-41-151 through 41-41-169, the following terms shall be defined as provided in this section: “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device: To purposely kill the unborn child of a woman known to be pregnant; or To purposely terminate the pregnancy […]

§ 41-41-155. Dismemberment abortion prohibited

Notwithstanding any other provision of law, it shall be unlawful for any person to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn child’s mother. A person accused in any proceeding of unlawful conduct under subsection (1) of this […]

§ 41-41-157. Remedies – Injunctions against dismemberment abortions

Civil and criminal penalties for violations of Sections 41-41-151 through 41-41-169 may be imposed under the following priority: Injunctive relief; Civil cause of action; and Criminal action. A cause of action for injunctive relief against a person who has performed or attempted to perform a dismemberment abortion in violation of Section 41-41-155 may be maintained […]

§ 41-41-159. Civil remedies

Only in the event a cause of action for injunctive relief under Section 41-41-157 has been denied by a court of competent jurisdiction, a cause of action for civil damages against a person who has performed a dismemberment abortion in violation of Section 41-41-155 may be maintained by: Any woman upon whom a dismemberment abortion […]

§ 41-41-161. Attorney’s fees

If judgment is rendered in favor of the plaintiff in an action described in Section 41-41-157 or 41-41-159, the court shall also render judgment for a reasonable attorney’s fee in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant in an action described in Section 41-41-157 or 41-41-159 […]

§ 41-41-163. Criminal penalty

Only in the event a judgment is rendered in favor of the defendant in an action described in Section41-41-157 or 41-41-159, a district attorney with jurisdiction may bring an indictment for criminal punishment under this section. Any person who violates Section 41-41-155 is guilty of a felony and, upon conviction, shall be punished by a […]

§ 41-41-165. Protection of privacy in court proceedings

In every civil, criminal, or administrative proceeding or action brought under Sections 41-41-151 through 41-41-169, the court shall rule whether the anonymity of any woman upon whom a dismemberment abortion has been performed or attempted to be performed shall be preserved from public disclosure if she does not give her consent to the disclosure. The […]

§ 41-41-167. Construction

Nothing in Sections 41-41-151 through 41-41-169 shall be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion.

§ 41-41-169. Severability

If any one or more provisions, sections, subsections, sentences, clauses, phrases or words of Sections 41-41-151 through 41-41-169 or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable and the balance of Sections 41-41-151 through 41-41-169 shall remain effective notwithstanding such unconstitutionality. The Legislature […]