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§ 18.2-71 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

The record of this law’s original creation isn’t available online. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1970, chapter 508; in 1975, chapters 14 and 15.

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

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Court Decisions

Richmond Medical Center for Women v. Herring (Court of Appeals for the Fourth Circuit, 06/24/09)
. . . OPINION . . .

Falls Church Med. Ctr., LLC v. Oliver (District Court, E.D. Virginia, 09/26/18)
. . . Henry E. Hudson, Senior United States District Judge . . .

Simopoulos v. Commonwealth (SCV, 04/24/81)
. . . 277 S.E.2d 194 (1981) . . .

Kalafut v. Gruver (SCV, 03/02/90)
. . . 389 S.E.2d 681 (1990) . . .

. . . Chris Simopoulos, M.D. v. Virginia State Board of Medicine, . . . (Court of Appeals for the Fourth Circuit, 03/19/81)
. . . RUSSELL, Circuit Judge: . . .

Miller v. Johnson (SCV, 04/25/86)
. . . COCHRAN, J., . . .

Richmond Medical Center for Women v. Herring (Court of Appeals for the Fourth Circuit, 05/20/08)
. . . Affirmed by published opinion. Judge MICHAEL wrote the majority opinion, in which Judge MOTZ joined. . . .

Richmond Medical Center for Women v. Hicks (Court of Appeals for the Fourth Circuit, 09/02/05)
. . . NIEMEYER, Circuit Judge, . . .

Richmond Medical Center for Women v. Hicks (Court of Appeals for the Fourth Circuit, 06/03/05)
. . . Affirmed by published opinion. Judge MICHAEL wrote the majority opinion, in which Judge MOTZ joined. . . .

Richmond Medical Center For Women v. Hicks (Court of Appeals for the Fourth Circuit, 09/02/05)
. . . 422 F.3d 160 . . .

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

Amendment Attempts

HB2648: Abortion or miscarriage; intent to produce or cause. (failed)

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)

HB1713: Jurisdiction of district courts in felony cases; specialty dockets; Behavioral Health Docket Act. (failed)

HB1727: Establishment of parent and child relationship; persons who committed sexual assault. (passed)

HB2505: Termination of parental rights; abused, etc., children or children without parental care, appeals. (failed)

HB2562: Abortion; treatment of a nonviable pregnancy. (failed)

HB73: Juvenile and domestic relations district courts; petitions for relief of care and custody. (passed)

HB245: Jurisdiction of district courts in felony cases; specialty dockets, Behavioral Health Docket Act. (passed)

HB667: Juvenile/domestic rel. district cts.; petition, noncitizen aged 18-21 years for leg. custody/relief. (passed)

HB1302: Jurisdiction of district courts; assault and battery of a family or household member.

SB206: Juvenile and domestic relations district courts; petitions for relief of care and custody. (passed)