1. For purposes of this section, “human dismemberment abortion” means intentionally dismembering a living unborn child and extracting the unborn child one piece at a time from a uterus, with the purpose of causing the death of an unborn child, through use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp the head, arm, leg, spinal cord, internal organ, or other portion of the unborn child’s body to cut or rip it off, regardless if the fetal body parts are removed by the same instrument, suction, or other means.2. Except in the case of a medical emergency, it is a class C felony for an individual to intentionally perform a human dismemberment abortion.3. A woman upon whom a human dismemberment abortion is performed or attempted to be performed in violation of subsection 2 may not be prosecuted for a violation of subsection 2 or for conspiracy to violate subsection 2.
N.D.C.C. § 14-02.1-04.2
Added by S.L. 2019, ch. 126 (HB 1546),§ 1, eff. on the 30th day after the adoption of an amendment to the U.S. Constitution which, in whole or in part, restores to the states the authority to prohibit abortion, or on the 30th day after the attorney general certifies to the legislative council (1) the issuance of the judgment in any decision of the U.S. Supreme Court or the U.S. Court of Appeals for the Eighth Circuit which would allow enforcement of this code section; or (2) the issuance of the judgment in any decision of the U.S. Supreme Court which, in whole or in part, restores to the states authority to prohibit abortion.
