§ 20-16-1901. Title

This subchapter shall be known and may be cited as the “Sex Discrimination by Abortion Prohibition Act”.

§ 20-16-1902. Legislative findings and purpose

(a) The General Assembly finds that: (1) With regard to sex-selection abortion: (A) The victims of sex-selection abortion are overwhelmingly female; (B) A sex-selection abortion is used to prevent the birth of a child of an undesired sex; (C) The United States, along with other countries, has petitioned the United Nations General Assembly to declare […]

§ 20-16-1903. Definitions

As used in this subchapter: (1) (A) “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death […]

§ 20-16-1904. Prohibition — Sex-selection abortion

(a) A physician or other person shall not intentionally perform or attempt to perform an abortion with the knowledge that the pregnant woman is seeking the abortion solely on the basis of the sex of the unborn child. (b) Before performing an abortion, the physician or other person who is performing the abortion shall: (1) […]

§ 20-16-1905. Criminal penalties

A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class A misdemeanor.

§ 20-16-1906. Civil penalties and professional sanctions

(a) (1) A physician or other person who knowingly violates this subchapter is liable for damages and shall have his or her medical license suspended or revoked as applicable. (2) The physician or other person may also be enjoined from future acts prohibited by this subchapter. (b) (1) A woman who receives an abortion in […]

§ 20-16-1907. Exclusion of liability for a woman who undergoes prohibited abortion

(a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation. (b) In a criminal proceeding or action brought under this subchapter, a woman who receives […]

§ 20-16-1908. Construction

(a) This subchapter shall not be construed as creating or recognizing a right to abortion. (b) It is not the intention of this subchapter to make lawful an abortion that is currently unlawful.

§ 20-16-1909. Right of intervention

The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.

§ 20-16-1910. Effective date

This subchapter takes effect on January 1, 2018.