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West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 25. Offenses Involving Families, Etc.

§ 5-25-101. Definitions

As used in this subtitle:

(1) “Adult” means any person eighteen (18) years of age or older;

(2) “Deviate sexual activity” means any act of sexual gratification involving:

(A) The penetration, however slight, of the anus or mouth of a person by the penis of another person; or

(B) The penetration, however slight, of the labia majora or anus of a person by any body member of or foreign instrument manipulated by another person;

(3)(A) “Incompetent” means any person unable to care for himself or herself because of physical or mental disease or defect.

(B) The status embraced by “incompetent” may or may not exist regardless of any adjudication concerning incompetency;

(4) “Minor” means any person under eighteen (18) years of age; and

(5) “Sexual intercourse” means penetration, however slight, of the labia majora by a penis.

CREDIT(S)

Acts of 1975, Act 280, § 2401; Acts of 1977, Act 360, § 11; Acts of 2005, Act 1994, § 291, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2401.

Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.

A.C.A. T. 5, Subt. 3, Ch. 26, Subch. 1, Reserved

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 1. General Provisions Reserved

A.C.A. § 5-26-201

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 2. Offenses Generally

§ 5-26-201. Bigamy

(a) A person commits bigamy if, being married, he or she purports to marry another person.

(b) It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor:

(1) Reasonably believed that the prior spouse was dead;

(2) Had lived apart from the prior spouse for five (5) consecutive years throughout which time the prior spouse was not known to the actor to be alive;

(3) Reasonably believed that a court had ordered a valid termination or annulment of the prior marriage; or

(4) Otherwise reasonably believed that the actor was legally eligible to marry.

CREDIT(S)

Acts of 1975, Act 280, § 2402.

Formerly A.S.A. 1947, § 41-2402.

A.C.A. § 5-26-202

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 2. Offenses Generally

§ 5-26-202. Incest

(a) A person commits incest if the person, being sixteen (16) years of age or older, purports to marry, has sexual intercourse with, or engages in deviate sexual activity with another person sixteen (16) years of age or older whom the actor knows to be:

(1) An ancestor or a descendant;

(2) A stepchild or adopted child;

(3) A brother or sister of the whole or half blood;

(4) An uncle, aunt, nephew, or niece; or

(5) A stepgrandchild or adopted grandchild.

(b) A relationship referred to in this section includes a blood relationship without regard to legitimacy.

CREDIT(S)

Acts of 1975, Act 280, § 2403; Acts of 1977, Act 360, § 12; Acts of 1985, Act 506, § 1; Acts of 1985, Act 916, § 1; Acts of 1997, Act 1321, § 1; Acts of 2003, Act 1469, § 1, eff. July 16, 2003.

Formerly A.S.A. 1947, § 41-2403.

A.C.A. § 5-26-203

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 2. Offenses Generally

§ 5-26-203. Concealing birth

(a) A person commits the offense of concealing birth if he or she hides the corpse of a newborn child with purpose to conceal the fact of the child's birth or to prevent a determination of whether the child was born alive.

(b) Concealing birth is a Class D felony.

CREDIT(S)

Acts of 1975, Act 280, § 2404; Acts of 2001, Act 205, § 1, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, § 41-2404.

A.C.A. T. 5, Subt. 3, Ch. 26, Subch. 3, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault

A.C.A. § 5-26-301

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-301. Legislative intent

To the extent that any protected class of persons defined under this subchapter is afforded protection by any other existing or future statute of this state, this subchapter does not prevent a prosecution under any such existing or future statute.

CREDIT(S)

Acts of 1995, Act 1291, § 8.

A.C.A. § 5-26-302

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-302. Definitions

As used in this subchapter:

(1)(A) “Dating relationship” means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors:

(i) The length of the relationship;

(ii) The type of the relationship; and

(iii) The frequency of interaction between the two (2) individuals involved in the relationship.

(B) “Dating relationship” does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context; and

(2) “Family or household member” means:

(A) A spouse;

(B) A former spouse;

(D) A child, including any minor residing in the household;

(E)(i) Persons related by blood within the fourth degree of consanguinity.

(ii) The degree of consanguinity is computed pursuant to § 28-9-212;

(F) Persons who presently or in the past have resided or cohabited together;

(G) Persons who have or have had a child in common; or

(H) Persons who are presently or in the past have been in a dating relationship together.

CREDIT(S)

Acts of 1995, Act 1291, § 8; Acts of 1999, Act 1317, § 1, eff. July 30, 1999; Acts of 2001, Act 1678, § 2, eff. Aug. 13, 2001; Acts of 2005, Act 1875, § 2, eff. Aug. 12, 2005.

A.C.A. § 5-26-303

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-303. Domestic battering in the first degree

(a) A person commits domestic battering in the first degree if:

(1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon;

(2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member's body, the person causes such an injury to a family or household member;

(3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life;

(4) The person knowingly causes serious physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger; or

(5) The person:

(A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305; and

(B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction.

(b)(1) Domestic battering in the first degree is a Class B felony.

(2) However, domestic battering in the first degree is a Class A felony upon a conviction pursuant to subsection (a) of this section if:

(A) Committed against a woman the person knew or should have known was pregnant;

(B) For conduct that occurred within the five (5) years preceding the commission of the current offense, the person has been convicted of a prior offense of:

(i) Domestic battering in the first degree;

(ii) Domestic battering in the second degree, § 5-26-304;

(iii) Domestic battering in the third degree, § 5-26-305; or

(iv) An equivalent penal law of this state or of another state or foreign jurisdiction.

CREDIT(S)

Acts of 1979, Act 396, § 1; Acts of 1995, Act 1291, § 1; Acts of 1999, Act 1317, § 2, eff. July 30, 1999; Acts of 1999, Act 1365, § 1, eff. July 30, 1999; Acts of 2001, Act 1553, § 8, eff. Aug. 13, 2001; Acts of 2003, Act 944, § 1, eff. July 16, 2003; Acts of 2003, Act 1079, § 1, eff. July 16, 2003; Acts of 2005, Act 1994, § 481, eff. Aug. 12, 2005; Acts of 2007, Act 671, § 1, eff. July 31, 2007; Acts of 2009, Act 194, § 1, eff. July 31, 2009; Acts of 2009, Act 748, § 16, eff. July 31, 2009; Acts of 2011, Act 1120, § 7, eff. July 27, 2011.

Formerly A.S.A. 1947, § 41-1653; A.C.A. § 5-26-301.

A.C.A. § 5-26-304

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-304. Domestic battering in the second degree

(a) A person commits domestic battering in the second degree if:

(1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member;

(2) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon;

(3) The person recklessly causes serious physical injury to a family or household member by means of a deadly weapon; or

(4) The person knowingly causes physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger.

(b)(1) Domestic battering in the second degree is a Class C felony.

(2) However, domestic battering in the second degree is a Class B felony if:

(A) Committed against a woman the person knew or should have known was pregnant;

(B) For conduct that occurred within the five (5) years preceding the commission of the current offense, the person has been convicted of a prior offense of:

(i) Domestic battering in the first degree, § 5-26-303;

(ii) Domestic battering in the second degree;

(iii) Domestic battering in the third degree, § 5-26-305; or

(iv) An equivalent penal law of this state or of another state or foreign jurisdiction; or

(C) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member as defined by a law of this state or by an equivalent law of any other state or foreign jurisdiction.

CREDIT(S)

Acts of 1979, Act 396, § 2; Acts of 1995, Act 1291, § 2; Acts of 1999, Act 1365, § 2, eff. July 30, 1999; Acts of 2001, Act 1553, § 9, eff. Aug. 13, 2001; Acts of 2003, Act 944, § 2, eff. July 16, 2003; Acts of 2003, Act 1079, § 1, eff. July 16, 2003; Acts of 2005, Act 1994, § 481, eff. Aug. 12, 2005; Acts of 2009, Act 194, § 2, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-1654; A.C.A. § 5-26-302.

A.C.A. § 5-26-305

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-305. Domestic battering in the third degree

(a) A person commits domestic battering in the third degree if:

(1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member;

(2) The person recklessly causes physical injury to a family or household member;

(3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or

(4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance.

(b)(1) Domestic battering in the third degree is a Class A misdemeanor.

(2) However, domestic battering in the third degree is a Class D felony if:

(A) Committed against a woman the person knew or should have known was pregnant;

(B) For conduct that occurred within the five (5) years preceding the commission of the current offense, the person has been convicted of a prior offense of:

(i) Domestic battering in the first degree, § 5-26-303;

(ii) Domestic battering in the second degree, § 5-26-304;

(iii) Domestic battering in the third degree;

(iv) Aggravated assault on a family or household member, § 5-26-306; or

(v) An equivalent penal law of this state or of another state or foreign jurisdiction; or

CREDIT(S)

Acts of 1979, Act 396, § 3; Acts of 1995, Act 1291, § 3; Acts of 1999, Act 1365, § 3, eff. July 30, 1999; Acts of 2001, Act 1553, § 10, eff. Aug. 13, 2001; Acts of 2003, Act 944, § 3, eff. July 16, 2003; Acts of 2003, Act 1079, § 1, eff. July 16, 2003; Acts of 2005, Act 1994, § 481, eff. Aug. 12, 2005; Acts of 2009, Act 333, § 1, eff. July 31, 2009.

Formerly A.S.A. 1947, § 41-1655; A.C.A. § 5-26-303.

A.C.A. § 5-26-306

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-306. Aggravated assault on a family or household member

(a) A person commits aggravated assault on a family or household member if, under circumstances manifesting extreme indifference to the value of human life, the person purposely engages in conduct that creates a substantial danger of death or serious physical injury to a family or household member.

(b) Aggravated assault on a family or household member is a Class D felony.

CREDIT(S)

Acts of 1979, Act 396, § 4; Acts of 1995, Act 1291, § 4.

Formerly A.S.A. 1947, § 41-1656; A.C.A. § 5-26-304.

A.C.A. § 5-26-307

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-307. First degree assault on a family or household member

(a) A person commits first degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a family or household member.

(b) First degree assault on a family or household member is a Class A misdemeanor.

CREDIT(S)

Acts of 1979, Act 396, § 5; Acts of 1995, Act 1291, § 5.

Formerly A.S.A. 1947, § 41-1657; A.C.A. § 5-26-305.

A.C.A. § 5-26-308

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-308. Second degree assault on a family or household member

(a) A person commits second degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of physical injury to a family or household member.

(b) Second degree assault on a family or household member is a Class B misdemeanor.

CREDIT(S)

Acts of 1979, Act 396, § 6; Acts of 1995, Act 1291, § 6.

Formerly A.S.A. 1947, § 41-1658; A.C.A. § 5-26-306.

A.C.A. § 5-26-309

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-309. Third degree assault on a family or household member

(a) A person commits third degree assault on a family or household member if the person purposely creates apprehension of imminent physical injury to a family or household member.

(b) Third degree assault on a family or household member is a Class C misdemeanor.

CREDIT(S)

Acts of 1979, Act 396, § 7; Acts of 1995, Act 1291, § 7.

Formerly A.S.A. 1947, § 41-1659; A.C.A. § 5-26-307.

A.C.A. § 5-26-310

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-310. Costs

(a) The abused in any misdemeanor or felony domestic violence offense shall not bear the costs associated with the filing of a criminal charge against the domestic violence offender or the costs associated with the issuance or service of a warrant and witness subpoena, except as provided in subsection (b) of this section.

(b) Nothing in this section shall be construed to prohibit a judge from assessing costs if an allegation of abuse is determined to be false.

(c)(1) Upon entering a plea of guilty or nolo contendere or being found guilty, a defendant violating § 5-26-303--5-26-305 or §§ 5-26-307--5-26-309 may be required to reimburse any abuse shelter or other entity providing a service to the victim under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., if some proof of expense is provided in conjunction with the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq.

(2)(A) If the defendant maintains the home in which the abuse occurred and the victim will continue to incur lodging costs, the defendant may be ordered to continue to provide remuneration for the victim's lodging under a provision of the Arkansas Crime Victims Reparations Act, § 16-90-701 et seq., until an action is commenced in a court of competent jurisdiction.

(B) Nothing in this section conflicts with or preempt any order of a judge in a divorce, custody, separate maintenance, or other related action to dissolve a marriage.

(d) Nothing in this section conflicts with or preempts a provision of § 16-90-703.

CREDIT(S)

Acts of 1995, Act 401, § 1; Acts of 2003, Act 1770, § 1, eff. July 16, 2003.

A.C.A. § 5-26-311

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-311. Residential confinement in home of victim prohibited

In a case involving domestic or family violence, a court shall not order residential confinement as a condition of bond or probation for a defendant in any household shared by the defendant and the alleged victim.

CREDIT(S)

Acts of 1999, Act 1317, § 3, eff. July 30, 1999.

A.C.A. § 5-26-312

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-312. Definition of pregnancy

For purposes of §§ 5-26-303(b)(2), 5-26-304(b)(2), and 5-26-305(b)(2), a woman is considered pregnant four (4) weeks after conception.

CREDIT(S)

Acts of 2003, Act 944, § 4, eff. July 16, 2003.

A.C.A. § 5-26-313

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 3. Domestic Battering and Assault (Refs & Annos)

§ 5-26-313. Notice

A person who is convicted of any misdemeanor of domestic violence shall be notified by the court that it is unlawful for the person to ship, transport, or possess a firearm or ammunition pursuant to 18 U.S.C. § 922(g)(8) and (9), as it existed on January 1, 2007.

CREDIT(S)

Acts of 2007, Act 676, § 1, eff. July 31, 2007.

A.C.A. § 5-26-401

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-401. Nonsupport

(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's:

(1) Spouse who is physically or mentally infirm or financially dependent;

(2) Legitimate child who is less than eighteen (18) years of age;

(3) Illegitimate child who is less than eighteen (18) years of age and whose parentage has been determined in a previous judicial proceeding; or

(4) Dependent child who is physically or mentally infirm.

(b)(1) Nonsupport is a Class A misdemeanor.

(2) However, nonsupport is a:

(A) Class D felony if the person:

(i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support;

(ii) Has previously been convicted of nonsupport; or

(iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support;

(B) Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or

(C) Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law.

(c) The court may direct that a fine imposed upon conviction of nonsupport or a bond forfeited in connection with a prosecution for nonsupport be paid for the support and maintenance of the person entitled to support.

(d) A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of a spouse or any person who is responsible for maintenance of a dependent child that states that nonsupport has taken place.

(e) Any person found guilty of nonsupport is also responsible for the court costs and administrative costs incurred by the court.

(f) The state may take judgment against any defendant convicted of nonsupport for any money expended by any state agency for the support and maintenance of the person with respect to whom the defendant had a duty to support.

(g) It is an affirmative defense to a prosecution under this section that the defendant had just cause to fail to provide the support.

CREDIT(S)

Acts of 1975, Act 280, § 2405; Acts of 1983, Act 174, § 1; Acts of 1997, Act 1282, § 1; Acts of 1999, Act 1484, § 1, eff. July 30, 1999; Acts of 2007, Act 827, § 31, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-2405.

A.C.A. § 5-26-402

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§§ 5-26-402 to 5-26-409. Reserved

A.C.A. § 5-26-409

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§§ 5-26-402 to 5-26-409. Reserved

A.C.A. § 5-26-410

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-410. County jurisdiction for prosecution

(a) When any person is liable to be prosecuted under § 5-26-401, he or she may be indicted, tried, and convicted in:

(1) The county where the violation of § 5-26-401 originally occurred;

(2) Any county where he or she might be apprehended; or

(3) The county where the injured spouse or child resided at the time of the filing of the indictment or information.

(b) Subdivisions (a)(2) and (3) of this section apply because each successive day the offense continues is declared to be a violation of § 5-26-401 not only in the county where the offense originally occurred but in any county where the offender or the injured spouse or child resides while the course of conduct condemned in § 5-26-401 continues.

CREDIT(S)

Acts of 1951, Act 67, § 3; Acts of 1953, Act 242, § 3; Acts of 1975, Act 928, § 8.

Formerly A.S.A. 1947, § 41-2451.

A.C.A. § 5-26-411

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-411. Proof of marriage, parentage

(a) No other evidence is required to prove marriage of a husband and wife or that the defendant is the lawful parent of a legitimate child or has acknowledged paternity of an illegitimate child than is required to prove this fact in a civil action.

(b) The spouse and parent is a competent witness to testify in any case brought under this chapter and to a matter relevant to this chapter, including the fact of the marriage and the parentage of the child.

(c) A legally adopted child and a child whose parentage was determined in a paternity proceeding is within the provisions of this chapter and no proof other than an order of a proper court is required to prove parentage.

CREDIT(S)

Acts of 1951, Act 67, § 10, Acts of 1953, Act 242, § 11; Acts of 1981, Act 633, § 4; Acts of 1995, Act 1296, § 3.

Formerly A.S.A. 1947, § 41-2458.

A.C.A. § 5-26-412

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-412. Fines; remittance to spouse or child's guardian or custodian

When a fine is imposed a court may direct that it be paid in whole or in part to a spouse or to a guardian or custodian of a child.

CREDIT(S)

Acts of 1951, Act 67, § 6; Acts of 1953, Act 242, § 6.

Formerly A.S.A. 1947, § 41-2453.

A.C.A. § 5-26-413

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-413. Temporary support; spouse, child

At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may:

(1) Enter a temporary support order as it deems just, providing for the support of a neglected spouse or child, pendente lite; and

(2) Punish for violation of the temporary support order as for contempt.

CREDIT(S)

Acts of 1951, Act 67, § 5; Acts of 1953, Act 242, § 5; Acts of 1981, Act 633, § 1.

Formerly A.S.A. 1947, § 41-2452.

A.C.A. § 5-26-414

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-414. Periodic payments, release terms

(a) In its discretion, the original trial court may:

(1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and

(2) Release the defendant from custody upon the defendant's entering a recognizance, with or without sureties, in such sum as the original trial court may direct.

(b) The conditions of the recognizance shall be that the defendant:

(1) Will comply with the terms of the order; and

(2) Appear in court on a day certain.

(c) Failure to appear is punishable by imprisonment for not less than ten (10) days nor more than ninety (90) days and shall not be suspended.

CREDIT(S)

Acts of 1951, Act 67, § 7; Acts of 1953, Act 242, § 7; Acts of 1981, Act 633, § 2.

Formerly A.S.A. 1947, § 41-2454.

A.C.A. § 5-26-415

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-415. Periodic payments, when allowed

The original trial court may issue the order provided in § 5-26-414:

(1) Before the trial, with the consent of the defendant;

(2) At the trial, on entry of plea of guilty; or

(3) After conviction, in lieu of a penalty provided in § 5-26-401 or in addition to a penalty provided in § 5-26-401.

CREDIT(S)

Acts of 1951, Act 67, § 8; Acts of 1953, Act 242, § 8; Acts of 2007, Act 827, § 32, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-2455.

A.C.A. § 5-26-416

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 4. Nonsupport

§ 5-26-416. Recognizance forfeiture; violating orders

(a) When the original trial court is satisfied by information and proof under oath that any time during the year the defendant has violated a term of its order, the original trial court shall proceed with the trial of the defendant under the original conviction, or enforce the original sentence, as the case may be.

(b) In case of forfeiture of recognizance and the enforcement of forfeiture of recognizance by execution, in the discretion of the original trial court the sum recovered may be paid in whole or in part to a spouse or to a guardian or custodian of a minor child.

CREDIT(S)

Acts of 1951, Act 67, § 9; Acts of 1953, Act 242, § 9; Acts of 1981, Act 633, § 3.

Formerly A.S.A. 1947, § 41-2456.

A.C.A. § 5-26-501

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 5. Custody and Visitation

§ 5-26-501. Interference with visitation

(a)(1) A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor.

(2) A person claiming interference with visitation shall provide a copy of the signed court order or decree regarding custody or visitation rights to a law enforcement officer as proof of the interference with visitation.

(b)(1) Interference with visitation is a Class C misdemeanor.

(2) However, interference with visitation is a:

(A) Class D felony for any offense if the minor is taken, enticed, or kept outside of the State of Arkansas; or

(B) Class A misdemeanor for a third or subsequent offense.

(1) A person or lawful guardian committed the act to protect the minor from imminent physical harm if the defendant's:

(A) Belief that physical harm was imminent is reasonable; and

(B) Conduct in withholding visitation rights was a reasonable response to the harm believed to be imminent;

(2) A person or lawful guardian committed the act based on a reasonable belief that the person entitled to visitation would remove the minor from the jurisdiction of the court;

(3) The act was committed with the mutual consent of all parties having a right to custody and visitation of the minor; or

(4) The act was otherwise authorized by law.

CREDIT(S)

Acts of 1985, Act 540, § 1; Acts of 1999, Act 1129, § 1, eff. July 30, 1999; Acts of 2007, Act 827, § 33, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-2415.

A.C.A. § 5-26-502

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 5. Custody and Visitation

§ 5-26-502. Interference with court-ordered custody

(a) A person commits the offense of interference with court-ordered custody if the person:

(1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor;

(2) Without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another person to take or entice, any minor or any incompetent person from the custody of:

(A) The parent of the minor or incompetent person;

(B) The guardian of the minor or incompetent person;

(D) Any other lawful custodian; or

(E) A person described in subdivisions (a)(2)(A), (B), or (D) of this section while the custodian and minor are being housed at a shelter as defined in § 9-4-102;

(3)(A) Has been awarded custody or granted an adoption or guardianship of a juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and subsequently places the juvenile in the care or supervision of any person:

(i) From whom the juvenile was removed; or

(ii) The court has specifically ordered not to have care, supervision, or custody of the juvenile.

(B) Subdivision (a)(3)(A) of this section shall not be construed to prohibit a placement described in subdivision (a)(3)(A) of this section if the person who has been granted custody, adoption, or guardianship obtains a court order to that effect from the juvenile division of circuit court that made the award of custody, adoption, or guardianship; or

(4) Accepts or acquiesces in taking physical custody for any length of time of a juvenile who was removed from the person or if the court has specifically ordered that the person not have care, supervision, or custody of the juvenile pursuant to or arising out of a dependency-neglect action pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(b)(1)(A) Interference with court-ordered custody under subdivision (a)(1) of this section is a Class A misdemeanor.

(B) However, interference with court-ordered custody under subdivision (a)(1) of this section is a Class D felony if the minor is:

(i) Taken, enticed, or kept outside the State of Arkansas; or

(ii) Taken from any person entitled by a court decree or order to the right of custody of the minor while the custodian and minor are being housed at a shelter as defined in § 9-4-102, even if the minor is not taken outside the State of Arkansas.

(2) Interference with court-ordered custody under subdivision (a)(2) of this section is a Class C felony.

(3)(A) Interference with court-ordered custody under subdivision (a)(3) of this section is a Class A misdemeanor.

(B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(3) of this section shall constitute a Class C felony.

(4)(A) Interference with court-ordered custody under subdivision (a)(4) of this section is a Class A misdemeanor.

(B) However, any subsequent offense of interference with court-ordered custody under subdivision (a)(4) of this section shall constitute a Class C felony.

(c)(1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with court-ordered custody, the police officer or other law enforcement officer shall inform the Department of Health and Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the custodian in a manner constituting interference with court-ordered custody or placed with a person prohibited under subdivision (a)(3) of this section.

(2) A representative of the department shall be present with the arresting police officer or law enforcement officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction.

(d)(1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor pursuant to a petition brought by the department or an agency of the department to determine if there is probable cause to believe the minor may be:

(A) Removed from the jurisdiction of the court;

(B) Abandoned; or

(2) Except in a situation arising under subdivisions (a)(3) or (4) of this section, the court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.

(e)(1) A petitioner shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing.

(2) The petitioner is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the petitioner acted with actual malice.

CREDIT(S)

Acts of 1985, Act 540, § 2; Acts of 1987, Act 483, § 1; Acts of 1987, Act 898, § 1; Acts of 1995, Act 1343, § 1; Acts of 2001, Act 1503, § 16, eff. Aug. 13, 2001; Acts of 2001, Act 1553, § 11, eff. Aug. 13, 2001; Acts of 2005, Act 1870, § 1, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2416.

A.C.A. § 5-26-503

Effective: July 27, 2011

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 26. Offenses Involving the Family

Subchapter 5. Custody and Visitation

§ 5-26-503. Interference with custody

(a) A person commits the offense of interference with custody if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of:

(1) The parent of the minor including an unmarried woman having legal custody of an illegitimate child under § 9-10-113;

(2) The guardian of the minor;

(3) A public agency having lawful charge of the minor; or

(4) Any other lawful custodian.

(b) Interference with custody is a Class C felony.

(c)(1) In every case prior to serving a warrant for arrest on a person charged with the offense of interference with custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the parent, guardian, or custodian in a manner constituting interference with custody.

(d)(1) A court of competent jurisdiction shall determine the immediate custodial placement of any minor taken into custody by the department under subsection (c) of this section pursuant to a petition brought by the department to determine if there is probable cause to believe the minor may be:

(A) Removed from the jurisdiction of the court;

(B) Abandoned; or

(2) The court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court.

(e)(1) The department shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and the setting of a hearing on a petition filed under subsection (d) of this section.

(2) The department is immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the department acted with actual malice.

CREDIT(S)

Acts of 2007, Act 669, § 1, eff. July 31, 2007; Acts of 2011, Act 1177, § 1, eff. July 27, 2011.

A.C.A. T. 5, Subt. 3, Ch. 27, Subch. 1, Reserved

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 1. General Provisions Reserved

A.C.A. T. 5, Subt. 3, Ch. 27, Subch. 2, Refs & Annos

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally

A.C.A. § 5-27-201

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-201. Endangering welfare of incompetent person--First degree

(a) A person commits the offense of endangering the welfare of an incompetent person in the first degree if, being a parent, guardian, person legally charged with care or custody of an incompetent person, or a person charged with supervision of an incompetent person, he or she purposely:

(1) Engages in conduct creating a substantial risk of death or serious physical injury to an incompetent person; or

(2) Deserts the incompetent person under circumstances creating a substantial risk of death or serious physical injury.

(b) Endangering the welfare of an incompetent person in the first degree is a Class D felony.

CREDIT(S)

Acts of 1975, Act 280, § 2409; Acts of 2005, Act 2216, § 1, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2409.

A.C.A. § 5-27-202

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-202. Endangering welfare of incompetent person--Second degree

(a)(1) A person commits the offense of endangering the welfare of an incompetent person in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person.

(2) As used in this section, “serious harm to the physical or mental welfare of a person” means physical or mental injury that causes:

(A) Protracted disfigurement;

(B) Protracted impairment of physical or mental health; or

(b) Endangering the welfare of an incompetent person in the second degree is a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 2410; Acts of 2005, Act 2216, § 2, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2410.

A.C.A. § 5-27-203

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-203. Endangering welfare of incompetent person--Third degree

(a)(1) A person commits the offense of endangering the welfare of an incompetent person in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be an incompetent person.

(2) As used in this section, “serious harm to the physical or mental welfare of a person” means physical or mental injury that causes

(A) Protracted disfigurement;

(B) Protracted impairment of physical or mental health; or

(b) Endangering the welfare of an incompetent person in the third degree is a Class B misdemeanor.

CREDIT(S)

Acts of 2005, Act 2216, § 3, eff. Aug. 12, 2005.

A.C.A. § 5-27-204

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-204. Renumbered as § 5-27-206.

A.C.A. § 5-27-205

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-205. Endangering welfare of minor--First degree

(a) A person commits the offense of endangering the welfare of a minor in the first degree if, being a parent, guardian, person legally charged with care or custody of a minor, or a person charged with supervision of a minor, he or she purposely:

(1) Engages in conduct creating a substantial risk of death or serious physical injury to a minor; or

(2) Deserts a minor less than ten (10) years old under circumstances creating a substantial risk of death or serious physical injury.

(b) Endangering the welfare of a minor in the first degree is a Class D felony.

(c)(1) It is an affirmative defense to a prosecution under this section that a parent voluntarily delivered a child to and left the child with, or voluntarily arranged for another person to deliver a child to and leave the child with, a medical provider or law enforcement agency as provided in § 9-34-201 et seq.

(2)(A) Nothing in subdivision (c)(1) of this section shall be construed to create a defense to any prosecution arising from any conduct other than the act of delivering a child as described in subdivision (c)(1) of this section.

(B) Subdivision (c)(1) of this section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed prior to the delivery of a child to a medical provider or law enforcement agency as provided in § 9-34-201 et seq.

CREDIT(S)

Acts of 1975, Act 280, § 2407; Acts of 2001, Act 236, § 2, eff. Aug. 13, 2001; Acts of 2005, Act 2207, § 1, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2407.

A.C.A. § 5-27-206

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-206. Endangering welfare of minor--Second degree

(a)(1) A person commits the offense of endangering the welfare of a minor in the second degree if he or she knowingly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of another person known by the person to be a minor.

(2) As used in this section, “serious harm to the physical or mental welfare” means physical or mental injury that causes:

(A) Protracted disfigurement;

(B) Protracted impairment of physical or mental health; or

(b) Endangering the welfare of a minor in the second degree is a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 2408; Acts of 2005, Act 2207, § 2, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 41-2408.

A.C.A. § 5-27-207

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-207. Endangering the welfare of a minor--Third degree

(a)(1) A person commits the offense of endangering the welfare of a minor in the third degree if the person recklessly engages in conduct creating a substantial risk of serious harm to the physical or mental welfare of a person known by the actor to be a minor.

(2) As used in this section, “serious harm to the physical or mental welfare” means physical or mental injury that causes:

(A) Protracted disfigurement;

(B) Protracted impairment of physical or mental health; or

(b) Endangering the welfare of a minor in the third degree is a Class B misdemeanor.

CREDIT(S)

Acts of 2005, Act 2207, § 3, eff. Aug. 12, 2005.

A.C.A. § 5-27-208

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-208. Reserved

A.C.A. § 5-27-209

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-209. Contributing to delinquency of a minor

(a) A person commits the offense of contributing to the delinquency of a minor if, being an adult, the person knowingly aids, causes, or encourages a minor to:

(1) Do any act prohibited by law;

(2) Do any act that if done by an adult would render the adult subject to a prosecution for an offense punishable by imprisonment;

(3) Habitually absent himself or herself, without good or sufficient cause, from the minor's home without the consent of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian;

(4) Habitually absent himself or herself from school when required by law to attend school; or

(5) Habitually disobey a reasonable and lawful command of the minor's parent, stepparent, foster parent, guardian, or other lawful custodian.

(b) Contributing to the delinquency of a minor is a Class A misdemeanor.

CREDIT(S)

Acts of 1975, Act 280, § 2406.

Formerly A.S.A. 1947, § 41-2406.

A.C.A. § 5-27-210

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-210. Parental responsibility for possession of firearm by minor; definitions

(a) As used in this section:

(1) “Firearm” means:

(A) Any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it immediately operable; or

(B) Components that can readily be assembled into a device described in subdivision (a)(1)(A) of this section; and

(2) “Parent” means a parent, stepparent, legal guardian, or person in loco parentis or who has legal custody of a student pursuant to a court order and with whom the student resides.

(b) A parent of a minor is guilty of a Class B misdemeanor if:

(1) The parent knows that the minor is in illegal possession of a firearm in or upon:

(A) The premises of a public or private school;

(B) A public or private school's athletic stadium or other facility or building in which school-sponsored events are conducted; or

(2) The parent fails to:

(A) Prevent the illegal possession; or

(B) Report the illegal possession to an appropriate school or law enforcement official.

CREDIT(S)

Acts of 1999, Act 1149, §§ 1, 2, eff. July 30, 1999.

A.C.A. § 5-27-211

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-211 to 5-27-219. Reserved

A.C.A. § 5-27-219

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-211 to 5-27-219. Reserved

A.C.A. § 5-27-220

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-220. Contributing to the delinquency of a juvenile

(a) A person is guilty of a Class A misdemeanor if the person willfully causes, aids, or encourages any minor to do or perform any act which, if done or performed, would make the minor a delinquent juvenile or juvenile in need of supervision within the meaning of this section and the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. .

(b) A judge may issue a bench warrant for the arrest of an adult in which there is probable cause to believe the adult is committing an offense under this section, returnable to either the district court or the circuit court of the county where the offense was committed.

(c) Any indictment or information under this section shall state the specific act the defendant is alleged to have committed.

(d)(1) Any person convicted of a violation of this section may be punished as provided for a Class A misdemeanor.

(2) However, the court may suspend or postpone enforcement of any part of the sentence or fine levied under this section if in the judgment of the court the suspension or postponement is in the best interest of the minor that was caused, aided, or encouraged.

CREDIT(S)

Acts of 1975, Act 451, § 45; Acts of 2005, Act 1994, § 344, eff. Aug. 12, 2005.

Formerly A.S.A. 1947, § 45-445.

A.C.A. § 5-27-221

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-221. Permitting abuse of a minor

(a) A person commits the offense of permitting abuse of a minor if, being a parent, guardian, or person legally charged with the care or custody of a minor, he or she recklessly fails to take action to prevent the abuse of a minor.

(b) It is a defense to a prosecution for the offense of permitting abuse of a minor if the parent, guardian, or person legally charged with the care or custody of the minor takes immediate steps to end the abuse of the minor, including prompt notification of a medical or law enforcement authority, upon first knowing or having good reason to know that abuse has occurred.

(1) Class B felony if the abuse of the minor:

(A) Consisted of sexual intercourse;

(B) Consisted of deviate sexual activity; or

(2) Class D felony if the abuse of the minor:

(A) Consisted of sexual contact; or

(B) Caused physical injury to the minor.

(d) As used in this section:

(1) “Abuse” means only sexual intercourse, deviate sexual activity, sexual contact, or causing physical injury, serious physical injury, or death, which could be prosecuted as a delinquent or criminal act; and

(2) “Minor” means a person under eighteen (18) years of age.

CREDIT(S)

Acts of 1985, Act 990, §§ 1 to 3; Acts of 1993, Act 1126, § 9, eff. Sept. 1, 1993; Acts of 2001, Act 1374, § 1, eff. Aug. 13, 2001; Acts of 2003, Act 1318, § 1, eff. July 16, 2003.

Formerly A.S.A. 1947, §§ 41-2472 to 41-2474.

A.C.A. § 5-27-222

Effective: July 31, 2007

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-222. Gross neglect of parental duty resulting in delinquency

(a) It is unlawful for a parent or person standing in loco parentis to a minor to grossly neglect a parental duty to the minor if the gross neglect:

(1) Proximately results in the delinquency of the minor; or

(2) Fails to correct the delinquency of the minor.

(b) Upon conviction, a person who violates this section is guilty of a violation and shall be punished by a fine not to exceed two hundred fifty dollars ($250).

CREDIT(S)

Acts of 1963, Act 109, § 1; Acts of 2005, Act 1994, § 44, eff. Aug. 12, 2005; Acts of 2007, Act 827, § 34, eff. July 31, 2007.

Formerly A.S.A. 1947, § 41-2471.

A.C.A. § 5-27-223

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-223 to 5-27-226. Repealed by Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005.

Formerly C. & M. Dig., §§ 2680 to 2682; Pope's Dig., §§ 3368 to 3370; A.S.A. 1947, §§ 41-2459 to 41-2464; Acts of 1887, Act 17, §§ 1, 2, p. 18; Acts of 1911, Act 98, §§ 1, 2; Acts of 1967, Act 422, § 1; Acts of 1967, Act 476, § 1; Acts of 1981, Act 526, § 1; Acts of 2005, Act 1994, § 44, eff. Aug. 12, 2005.

A.C.A. § 5-27-224

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-223 to 5-27-226. Repealed by Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005.

A.C.A. § 5-27-225

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-223 to 5-27-226. Repealed by Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005.

A.C.A. § 5-27-226

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§§ 5-27-223 to 5-27-226. Repealed by Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005

CREDIT(S)

Acts of 2005, Act 1994, §§ 536 to 539, eff. Aug. 12, 2005.

A.C.A. § 5-27-227

Effective: July 31, 2009

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-227. Providing minors with tobacco products and cigarette papers--Purchase, use, or possession prohibited--Self-service displays prohibited--Placement of tobacco vending machines

(a)(1) It is unlawful for any person to give, barter, or sell to a minor:

(A) Tobacco in any form; or

(B) A cigarette paper.

(2) A person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section is guilty of a violation and is subject to a fine not to exceed one hundred dollars ($100) per violation.

(3) An employee of an Arkansas Retail Cigarette and Tobacco permit holder who violates subdivision (a)(1) of this section is subject to a fine not to exceed one hundred dollars ($100) per violation.

(b)(1) It is unlawful for a minor to:

(A) Use or possess or to purchase, or attempt to purchase:

(i) Tobacco in any form; or

(ii) Cigarette papers; or

(B) For the purpose of obtaining or attempting to obtain tobacco in any form or cigarette papers, falsely represent himself or herself to be eighteen (18) years of age or older by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age.

(2) Any cigarettes, tobacco products, or cigarette papers found in the possession of a minor may be confiscated and destroyed by a law enforcement officer.

(c)(1) It is not an offense under subsection (b) of this section if:

(A) The minor was acting at the direction of an authorized agent of the Arkansas Tobacco Control Board to enforce or ensure compliance with laws relating to the prohibition of the sale of tobacco in any form or cigarette papers to minors;

(B) The minor was acting at the direction of an authorized agent of the Office of Alcohol and Drug Abuse Prevention to compile statistical data relating to the sale of tobacco in any form or cigarette papers to minors;

(C) The minor was acting at the request of an Arkansas Retail Cigarette and Tobacco permit holder to assist the permit holder by performing a check on the permit holder's own retail business to see if the permit holder's employees would sell tobacco or cigarette papers to the minor; or

(D) The minor was acting as an agent of a retail permit holder within the scope of employment.

(2) A minor performing activities under subdivision (c)(1) of this section shall:

(A) Display the appearance of a minor;

(B) Have the written consent of the minor's parent or guardian to perform the activity on file with the agency utilizing the minor; and

(C)(i) Present a true and correct identification if asked.

(ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256.

(d) Any person who sells tobacco in any form or a cigarette paper has the right to deny the sale of any tobacco in any form or a cigarette paper to any person.

(e) It is unlawful for any person who has been issued a permit or a license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to fail to display in a conspicuous place or on each vending machine a sign indicating that the sale of tobacco products to or purchase or possession of tobacco products by a minor is prohibited by law.

(f) It is unlawful for any manufacturer whose tobacco product is distributed in this state and any person who has been issued a permit or license under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., to distribute a free sample of any tobacco product or coupon that entitles the holder of the coupon to any free sample of any tobacco product:

(1) In or on any public street or sidewalk within five hundred feet (500’) of any playground, public school, or other facility when the playground, public school, or other facility is being used primarily by minors for recreational, educational, or other purposes; or

(2) To any minor.

(g)(1)(A) It is unlawful for any person that has been issued a permit or license under the Arkansas Tobacco Products Act of 1977, § 26-57-201 et seq., to sell or distribute a cigarette product through a self-service display.

(B) Subdivision (g)(1)(A) of this section does not apply to a:

(i) Vending machine that complies with subdivision (h)(1)(A) of this section; or

(ii) Retail tobacco store.

(2) As used in subdivision (g)(1) of this section:

(A) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental; and

(B) “Self-service display” means a display:

(i) That contains a cigarette product;

(ii) That is located in an area where customers are permitted; and

(iii) In which the cigarette product is readily accessible to a customer without the assistance of a salesperson.

(h)(1)(A) Except as provided in subdivision (h)(2) of this section, it is unlawful for any person who owns or leases a tobacco vending machine to place a tobacco vending machine in a public place.

(B) As used in subdivision (h)(1)(A) of this section, “public place” means a publicly or privately owned place to which the public or a substantial number of people have access.

(2) A tobacco vending machine may be placed in a:

(A) Restricted area within a factory, business, office, or other structure to which a member of the general public is not given access;

(B) Permitted premises that has a permit for the sale or dispensing of an alcoholic beverage for on-premises consumption that restrict entry to a person twenty-one (21) years of age or older; or

(i) Any retail permit holder or license holder who violates any provision in this section is deemed guilty of a violation and subject to penalties under § 26-57-256.

(j)(1) A notice of alleged violation of this section shall be given to the holder of a retail permit or license or an agent of the holder within ten (10) days of the alleged violation.

(2)(A) The notice shall contain the date and time of the alleged violation.

(B)(i) The notice shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale.

(ii) When appropriate, information under subdivision (j)(2)(B)(i) of this section should include, but not be limited to, the:

(a) Cash register number;

(b) Physical location of the sale in the store; and

(k) Notwithstanding the provisions of subsection (i) of this section, the court shall consider the following factors when reviewing a possible violation:

(1) The business has adopted and enforced a written policy against selling cigarettes or tobacco products to minors;

(2) The business has informed its employees of the applicable laws regarding the sale of cigarettes and tobacco products to minors;

(3) The business has required employees to verify the age of a cigarette or tobacco product customer by way of photographic identification;

(4) The business has established and imposed disciplinary sanctions for noncompliance; and

(5) That the appearance of the purchaser of the tobacco in any form or cigarette papers was such that an ordinary prudent person would believe him or her to be of legal age to make the purchase.

(l) A person convicted of violating any provision of this section whose permit or license to distribute or sell a tobacco product is suspended or revoked upon conviction shall surrender to the court any permit or license to distribute or sell a tobacco product and the court shall transmit the permit or license to distribute or sell a tobacco product to the Director of the Department of Finance and Administration and instruct the Director of Arkansas Tobacco Control:

(1) To suspend or revoke the person's permit or license to distribute or sell a tobacco product and to not renew the permit or license; and

(2) Not to issue any new permit or license to that person for the period of time determined by the court in accordance with this section.

CREDIT(S)

Acts of 1929, Act 152, § 26; Acts of 1991, Act 543, § 1; Acts of 1997, Act 1337, § 24, eff. July 1, 1997; Acts of 1999, Act 1591, §§ 1, 3, eff. July 30, 1999; Acts of 2003, Act 846, § 1, eff. July 16, 2003; Acts of 2007, Act 165, § 1, eff. July 31, 2007; Acts of 2009, Act 748, § 17, eff. July 31, 2009; Acts of 2009, Act 785, § 6, eff. July 31, 2009.

Formerly Pope's Dig., § 13557; A.S.A. 1947, § 41-2465.

A.C.A. § 5-27-228

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-228. Repealed by Acts of 2001, Act 414, § 2, eff. Aug. 13, 2001

CREDIT(S)

Acts of 2001, Act 414, § 2, eff. Aug. 13, 2001.

Formerly A.S.A. 1947, §§ 41-2468 to 41-2470; Acts of 1957, Act 277, §§ 1-3.

A.C.A. § 5-27-229

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-229. Soliciting or causing voluntary surrender of money or property from incompetent person

(a) It is unlawful for any person to:

(1) Solicit money or property from another person the person knows or should have reason to know is an incompetent person or is a person with diminished mental capacity; and

(2) Cause that incompetent person or person with diminished mental capacity to voluntarily surrender money or property in order to profit or secure gain by taking unfair advantage of the person's incompetency or diminished mental capacity.

(b) Any person violating this section is guilty of a Class D felony.

CREDIT(S)

Acts of 1987, Act 337, § 1.

A.C.A. § 5-27-230

Effective:[See Text Amendments]

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-230. Exposure of child to a chemical substance or methamphetamine

(a) As used in this section:

(1)(A) “Chemical substance” means a substance intended to be used as a precursor in the manufacture of methamphetamine, or any other chemical intended to be used in the manufacture of methamphetamine.

(B) Intent may be demonstrated by the substance's:

(i) Use;

(ii) Quantity;

(iii) Manner of storage; or

(iv) Proximity to another precursor or equipment used to manufacture methamphetamine;

(2) “Child” means any person under eighteen (18) years of age; and

(3) “Methamphetamine” has the same meaning as provided in the Uniform Controlled Substances Act, § 5-64-101 et seq.

(b)(1) Any adult who, with the intent to manufacture methamphetamine, knowingly causes or permits a child to be exposed to, ingest, inhale, or have any contact with a chemical substance or methamphetamine is guilty of a Class C felony.

(2) Any adult who violates subdivision (b)(1) of this section is guilty of a Class B felony if a child suffers physical injury or serious physical injury because of the violation.

CREDIT(S)

Acts of 2003, Act 930, § 1, eff. July 16, 2003.

A.C.A. § 5-27-231

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-231. Renumbered as § 5-27-207.

A.C.A. § 5-27-232

Effective: January 1, 2006

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 3. Offenses Involving Families, Dependents, Etc. (Chapters 25 to 34)

Chapter 27. Offenses Against Children or Incompetents

Subchapter 2. Offenses Generally (Refs & Annos)

§ 5-27-232. Renumbered as § 5-27-203.

Chapter 32. Abortion (Refs & Annos)

§ 3201. Short title of chapter

This chapter shall be known and may be cited as the “Abortion Control Act.”

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3202

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3202. Legislative intent

(a) Rights and interests.--It is the intention of the General Assembly of the Commonwealth of Pennsylvania to protect hereby the life and health of the woman subject to abortion and to protect the life and health of the child subject to abortion. It is the further intention of the General Assembly to foster the development of standards of professional conduct in a critical area of medical practice, to provide for development of statistical data and to protect the right of the minor woman voluntarily to decide to submit to abortion or to carry her child to term. The General Assembly finds as fact that the rights and interests furthered by this chapter are not secure in the context in which abortion is presently performed.

(b) Conclusions.--Reliable and convincing evidence has compelled the General Assembly to conclude and the General Assembly does hereby solemnly declare and find that:

(1) Many women now seek or are encouraged to undergo abortions without full knowledge of the development of the unborn child or of alternatives to abortion.

(2) The gestational age at which viability of an unborn child occurs has been lowering substantially and steadily as advances in neonatal medical care continue to be made.

(3) A significant number of late-term abortions result in live births, or in delivery of children who could survive if measures were taken to bring about breathing. Some physicians have been allowing these children to die or have been failing to induce breathing.

(4) Because the Commonwealth places a supreme value upon protecting human life, it is necessary that those physicians which it permits to practice medicine be held to precise standards of care in cases where their actions do or may result in the death of an unborn child.

(5) A reasonable waiting period, as contained in this chapter, is critical to the assurance that a woman elect to undergo an abortion procedure only after having the fullest opportunity to give her informed consent thereto.

(c) Construction.--In every relevant civil or criminal proceeding in which it is possible to do so without violating the Federal Constitution, the common and statutory law of Pennsylvania shall be construed so as to extend to the unborn the equal protection of the laws and to further the public policy of this Commonwealth encouraging childbirth over abortion.

(d) Right of conscience.--It is the further public policy of the Commonwealth of Pennsylvania to respect and protect the right of conscience of all persons who refuse to obtain, receive, subsidize, accept or provide abortions including those persons who are engaged in the delivery of medical services and medical care whether acting individually, corporately or in association with other persons; and to prohibit all forms of discrimination, disqualification, coercion, disability or imposition of liability or financial burden upon such persons or entities by reason of their refusing to act contrary to their conscience or conscientious convictions in refusing to obtain, receive, subsidize, accept or provide abortions.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3203

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3203. Definitions

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

“Abortion.” The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child except that, for the purposes of this chapter, abortion shall not mean the use of an intrauterine device or birth control pill to inhibit or prevent ovulation, fertilization or the implantation of a fertilized ovum within the uterus.

“Born alive.” When used with regard to a human being, means that the human being was completely expelled or extracted from her or his mother and after such separation breathed or showed evidence of any of the following: beating of the heart, pulsation of the umbilical cord, definite movement of voluntary muscles or any brain-wave activity.

“Complication.” Includes but is not limited to hemorrhage, infection, uterine perforation, cervical laceration and retained products. The department may further define complication.

“Conscience.” A sincerely held set of moral convictions arising from belief in and relation to a deity or which, though not so derived, obtains from a place in the life of its possessor parallel to that filled by a deity among adherents to religious faiths.

“Department.” The Department of Health of the Commonwealth of Pennsylvania.

“Facility” or “medical facility.” Any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center or other institution or location wherein medical care is provided to any person.

“Fertilization” and “conception.” Each term shall mean the fusion of a human spermatozoon with a human ovum.

“First trimester.” The first 12 weeks of gestation.

“Gestational age.” The age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman.

“Hospital.” An institution licensed pursuant to the provisions of the law of this Commonwealth.

“In vitro fertilization.” The purposeful fertilization of a human ovum outside the body of a living human female.

“Medical emergency.” That condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.

“Medical personnel.” Any nurse, nurse's aide, medical school student, professional or any other person who furnishes, or assists in the furnishing of, medical care.

“Physician.” Any person licensed to practice medicine in this Commonwealth. The term includes medical doctors and doctors of osteopathy.

“Pregnancy” and “pregnant.” Each term shall mean that female reproductive condition of having a developing fetus in the body and commences with fertilization.

“Probable gestational age of the unborn child.” What, in the judgment of the attending physician, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed.

“Unborn child” and “fetus.” Each term shall mean an individual organism of the species homo sapiens from fertilization until live birth.

“Viability.” That stage of fetal development when, in the judgment of the physician based on the particular facts of the case before him and in light of the most advanced medical technology and information available to him, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 3, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 1, effective in 60 days.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3204

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3204. Medical consultation and judgment

(a) Abortion prohibited; exceptions.--No abortion shall be performed except by a physician after either:

(1) he determines that, in his best clinical judgment, the abortion is necessary; or

(2) he receives what he reasonably believes to be a written statement signed by another physician, hereinafter called the “referring physician,” certifying that in this referring physician's best clinical judgment the abortion is necessary.

(b) Requirements.--Except in a medical emergency where there is insufficient time before the abortion is performed, the woman upon whom the abortion is to be performed shall have a private medical consultation either with the physician who is to perform the abortion or with the referring physician. The consultation will be in a place, at a time and of a duration reasonably sufficient to enable the physician to determine whether, based on his best clinical judgment, the abortion is necessary.

(c) Factors.--In determining in accordance with subsection (a) or (b) whether an abortion is necessary, a physician's best clinical judgment may be exercised in the light of all factors (physical, emotional, psychological, familial and the woman's age) relevant to the well-being of the woman. No abortion which is sought solely because of the sex of the unborn child shall be deemed a necessary abortion.

(d) Penalty.--Any person who intentionally, knowingly or recklessly violates the provisions of this section commits a felony of the third degree, and any physician who violates the provisions of this section is guilty of “unprofessional conduct” and his license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor acts.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 4, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 2, effective in 60 days.

[FN1] 63 P.S. § 271.1 et seq.

[FN2] 63 P.S. § 422.1 et seq.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3205

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3205. Informed consent

(a) General rule.--No abortion shall be performed or induced except with the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:

(1) At least 24 hours prior to the abortion, the physician who is to perform the abortion or the referring physician has orally informed the woman of:

(i) The nature of the proposed procedure or treatment and of those risks and alternatives to the procedure or treatment that a reasonable patient would consider material to the decision of whether or not to undergo the abortion.

(ii) The probable gestational age of the unborn child at the time the abortion is to be performed.

(iii) The medical risks associated with carrying her child to term.

(2) At least 24 hours prior to the abortion, the physician who is to perform the abortion or the referring physician, or a qualified physician assistant, health care practitioner, technician or social worker to whom the responsibility has been delegated by either physician, has informed the pregnant woman that:

(i) The department publishes printed materials which describe the unborn child and list agencies which offer alternatives to abortion and that she has a right to review the printed materials and that a copy will be provided to her free of charge if she chooses to review it.

(ii) Medical assistance benefits may be available for prenatal care, childbirth and neonatal care, and that more detailed information on the availability of such assistance is contained in the printed materials published by the department.

(iii) The father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion. In the case of rape, this information may be omitted.

(3) A copy of the printed materials has been provided to the pregnant woman if she chooses to view these materials.

(4) The pregnant woman certifies in writing, prior to the abortion, that the information required to be provided under paragraphs (1), (2) and (3) has been provided.

(b) Emergency.--Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical indications supporting his judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of major bodily function.

(c) Penalty.--Any physician who violates the provisions of this section is guilty of “unprofessional conduct” and his license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor acts. Any physician who performs or induces an abortion without first obtaining the certification required by subsection (a)(4) or with knowledge or reason to know that the informed consent of the woman has not been obtained shall for the first offense be guilty of a summary offense and for each subsequent offense be guilty of a misdemeanor of the third degree. No physician shall be guilty of violating this section for failure to furnish the information required by subsection (a) if he or she can demonstrate, by a preponderance of the evidence, that he or she reasonably believed that furnishing the information would have resulted in a severely adverse effect on the physical or mental health of the patient.

(d) Limitation on civil liability.--Any physician who complies with the provisions of this section may not be held civilly liable to his patient for failure to obtain informed consent to the abortion within the meaning of that term as defined by the act of October 15, 1975 (P.L.390, No.111), known as the Health Care Services Malpractice Act. [FN3]

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 4, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 2, effective in 60 days.

[FN1] 63 P.S. § 271.1 et seq.

[FN2] 63 P.S. § 422.1 et seq.

[FN3] 40 P.S. § 1301.101 et seq.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3206

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3206. Parental consent

(a) General rule.--Except in the case of a medical emergency, or except as provided in this section, if a pregnant woman is less than 18 years of age and not emancipated, or if she has been adjudged an incapacitated person under 20 Pa.C.S. § 5511 (relating to petition and hearing; independent evaluation), a physician shall not perform an abortion upon her unless, in the case of a woman who is less than 18 years of age, he first obtains the informed consent both of the pregnant woman and of one of her parents; or, in the case of a woman who is an incapacitated person, he first obtains the informed consent of her guardian. In deciding whether to grant such consent, a pregnant woman's parent or guardian shall consider only their child's or ward's best interests. In the case of a pregnancy that is the result of incest where the father is a party to the incestuous act, the pregnant woman need only obtain the consent of her mother.

(b) Unavailability of parent or guardian.--If both parents have died or are otherwise unavailable to the physician within a reasonable time and in a reasonable manner, consent of the pregnant woman's guardian or guardians shall be sufficient. If the pregnant woman's parents are divorced, consent of the parent having custody shall be sufficient. If neither any parent nor a legal guardian is available to the physician within a reasonable time and in a reasonable manner, consent of any adult person standing in loco parentis shall be sufficient.

(c) Petition to court for consent.--If both of the parents or guardians of the pregnant woman refuse to consent to the performance of an abortion or if she elects not to seek the consent of either of her parents or of her guardian, the court of common pleas of the judicial district in which the applicant resides or in which the abortion is sought shall, upon petition or motion, after an appropriate hearing, authorize a physician to perform the abortion if the court determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion, and has, in fact, given such consent.

(d) Court order.--If the court determines that the pregnant woman is not mature and capable of giving informed consent or if the pregnant woman does not claim to be mature and capable of giving informed consent, the court shall determine whether the performance of an abortion upon her would be in her best interests. If the court determines that the performance of an abortion would be in the best interests of the woman, it shall authorize a physician to perform the abortion.

(e) Representation in proceedings.--The pregnant woman may participate in proceedings in the court on her own behalf and the court may appoint a guardian ad litem to assist her. The court shall, however, advise her that she has a right to court appointed counsel, and shall provide her with such counsel unless she wishes to appear with private counsel or has knowingly and intelligently waived representation by counsel.

(f) Proceedings.--

(1) Court proceedings under this section shall be confidential and shall be given such precedence over other pending matters as will ensure that the court may reach a decision promptly and without delay in order to serve the best interests of the pregnant woman. In no case shall the court of common pleas fail to rule within three business days of the date of application. A court of common pleas which conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting its decision and shall, upon the initial filing of the minor's petition for judicial authorization of an abortion, order a sealed record of the petition, pleadings, submissions, transcripts, exhibits, orders, evidence and any other written material to be maintained which shall include its own findings and conclusions.

(2) The application to the court of common pleas shall be accompanied by a non-notarized verification stating that the information therein is true and correct to the best of the applicant's knowledge, and the application shall set forth the following facts:

(i) The initials of the pregnant woman.

(ii) The age of the pregnant woman.

(iii) The names and addresses of each parent, guardian or, if the minor's parents are deceased and no guardian has been appointed, any other person standing in loco parentis to the minor.

(iv) That the pregnant woman has been fully informed of the risks and consequences of the abortion.

(v) Whether the pregnant woman is of sound mind and has sufficient intellectual capacity to consent to the abortion.

(vi) A prayer for relief asking the court to either grant the pregnant woman full capacity for the purpose of personal consent to the abortion, or to give judicial consent to the abortion under subsection (d) based upon a finding that the abortion is in the best interest of the pregnant woman.

(vii) That the pregnant woman is aware that any false statements made in the application are punishable by law.

(viii) The signature of the pregnant woman. Where necessary to serve the interest of justice, the orphans' court division, or, in Philadelphia, the family court division, shall refer the pregnant woman to the appropriate personnel for assistance in preparing the application.

(3) The name of the pregnant woman shall not be entered on any docket which is subject to public inspection. All persons shall be excluded from hearings under this section except the applicant and such other persons whose presence is specifically requested by the applicant or her guardian.

(4) At the hearing, the court shall hear evidence relating to the emotional development, maturity, intellect and understanding of the pregnant woman, the fact and duration of her pregnancy, the nature, possible consequences and alternatives to the abortion and any other evidence that the court may find useful in determining whether the pregnant woman should be granted full capacity for the purpose of consenting to the abortion or whether the abortion is in the best interest of the pregnant woman. The court shall also notify the pregnant woman at the hearing that it must rule on her application within three business days of the date of its filing and that, should the court fail to rule in favor of her application within the allotted time, she has the right to appeal to the Superior Court.

(g) Coercion prohibited.--Except in a medical emergency, no parent, guardian or other person standing in loco parentis shall coerce a minor or incapacitated woman to undergo an abortion. Any minor or incapacitated woman who is threatened with such coercion may apply to a court of common pleas for relief. The court shall provide the minor or incapacitated woman with counsel, give the matter expedited consideration and grant such relief as may be necessary to prevent such coercion. Should a minor be denied the financial support of her parents by reason of her refusal to undergo abortion, she shall be considered emancipated for purposes of eligibility for assistance benefits.

(h) Regulation of proceedings.--No filing fees shall be required of any woman availing herself of the procedures provided by this section. An expedited confidential appeal shall be available to any pregnant woman whom the court fails to grant an order authorizing an abortion within the time specified in this section. Any court to which an appeal is taken under this section shall give prompt and confidential attention thereto and shall rule thereon within five business days of the filing of the appeal. The Supreme Court of Pennsylvania may issue such rules as may further assure that the process provided in this section is conducted in such a manner as will ensure confidentiality and sufficient precedence over other pending matters to ensure promptness of disposition.

(i) Penalty.--Any person who performs an abortion upon a woman who is an unemancipated minor or incapacitated person to whom this section applies either with knowledge that she is a minor or incapacitated person to whom this section applies, or with reckless disregard or negligence as to whether she is a minor or incapacitated person to whom this section applies, and who intentionally, knowingly or recklessly fails to conform to any requirement of this section is guilty of “unprofessional conduct” and his license for the practice of medicine and surgery shall be suspended in accordance with procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor acts, for a period of at least three months. Failure to comply with the requirements of this section is prima facie evidence of failure to obtain informed consent and of interference with family relations in appropriate civil actions. The law of this Commonwealth shall not be construed to preclude the award of exemplary damages or damages for emotional distress even if unaccompanied by physical complications in any appropriate civil action relevant to violations of this section. Nothing in this section shall be construed to limit the common law rights of parents.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 4, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 2, effective in 60 days; 1992, April 16, P.L. 108, No. 24, § 17, effective in 60 days.

[FN1] 63 P.S. § 271.1 et seq.

[FN2] 63 P.S. § 422.1 et seq.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3207

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3207. Abortion facilities

(a) Regulations.--The department shall have power to make rules and regulations pursuant to this chapter, with respect to performance of abortions and with respect to facilities in which abortions are performed, so as to protect the health and safety of women having abortions and of premature infants aborted alive. These rules and regulations shall include, but not be limited to, procedures, staff, equipment and laboratory testing requirements for all facilities offering abortion services.

(b) Reports.--Within 30 days after the effective date of this chapter, every facility at which abortions are performed shall file, and update immediately upon any change, a report with the department, containing the following information:

(1) Name and address of the facility.

(2) Name and address of any parent, subsidiary or affiliated organizations, corporations or associations.

(3) Name and address of any parent, subsidiary or affiliated organizations, corporations or associations having contemporaneous commonality of ownership, beneficial interest, directorship or officership with any other facility.

The information contained in those reports which are filed pursuant to this subsection by facilities which receive State-appropriated funds during the 12-calendar-month period immediately preceding a request to inspect or copy such reports shall be deemed public information. Reports filed by facilities which do not receive State appropriated funds shall only be available to law enforcement officials, the State Board of Medicine and the State Board of Osteopathic Medicine for use in the performance of their official duties. Any facility failing to comply with the provisions of this subsection shall be assessed by the department a fine of $500 for each day it is in violation hereof.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, 262, P.L. No. 31, § 4, effective in 30 days.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3208

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3208. Printed information

(a) General rule.--The department shall cause to be published in English, Spanish and Vietnamese, within 60 days after this chapter becomes law, and shall update on an annual basis, the following easily comprehensible printed materials:

(1) Geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a comprehensive list of the agencies available, a description of the services they offer and a description of the manner, including telephone numbers, in which they might be contacted, or, at the option of the department, printed materials including a toll-free, 24-hour a day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer. The materials shall provide information on the availability of medical assistance benefits for prenatal care, childbirth and neonatal care, and state that it is unlawful for any individual to coerce a woman to undergo abortion, that any physician who performs an abortion upon a woman without obtaining her informed consent or without according her a private medical consultation may be liable to her for damages in a civil action at law, that the father of a child is liable to assist in the support of that child, even in instances where the father has offered to pay for an abortion and that the law permits adoptive parents to pay costs of prenatal care, childbirth and neonatal care.

(2) Materials designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from fertilization to full term, including pictures representing the development of unborn children at two-week gestational increments, and any relevant information on the possibility of the unborn child's survival; provided that any such pictures or drawings must contain the dimensions of the fetus and must be realistic and appropriate for the woman's stage of pregnancy. The materials shall be objective, nonjudgmental and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion and the medical risks commonly associated with each such procedure and the medical risks commonly associated with carrying a child to term.

(b) Format.--The materials shall be printed in a typeface large enough to be clearly legible.

(c) Free distribution.--The materials required under this section shall be available at no cost from the department upon request and in appropriate number to any person, facility or hospital.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 4, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 2, imd. effective.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3208.1

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3208.1. Commonwealth interference prohibited

The Commonwealth shall not interfere with the use of medically appropriate methods of contraception or the manner in which medically appropriate methods of contraception are provided.

CREDIT(S)

1989, Nov. 17, P.L. 592, No. 64, § 3, effective in 60 days.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3209

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3209. Spousal notice

(a) Spousal notice required.--In order to further the Commonwealth's interest in promoting the integrity of the marital relationship and to protect a spouse's interests in having children within marriage and in protecting the prenatal life of that spouse's child, no physician shall perform an abortion on a married woman, except as provided in subsections (b) and (c), unless he or she has received a signed statement, which need not be notarized, from the woman upon whom the abortion is to be performed, that she has notified her spouse that she is about to undergo an abortion. The statement shall bear a notice that any false statement made therein is punishable by law.

(b) Exceptions.--The statement certifying that the notice required by subsection (a) has been given need not be furnished where the woman provides the physician a signed statement certifying at least one of the following:

(1) Her spouse is not the father of the child.

(2) Her spouse, after diligent effort, could not be located.

(3) The pregnancy is a result of spousal sexual assault as described in section 3128 (relating to spousal sexual assault), which has been reported to a law enforcement agency having the requisite jurisdiction.

(4) The woman has reason to believe that the furnishing of notice to her spouse is likely to result in the infliction of bodily injury upon her by her spouse or by another individual.

Such statement need not be notarized, but shall bear a notice that any false statements made therein are punishable by law.

(d) Forms.--The department shall cause to be published forms which may be utilized for purposes of providing the signed statements required by subsections (a) and (b). The department shall distribute an adequate supply of such forms to all abortion facilities in this Commonwealth.

(e) Penalty; civil action.--Any physician who violates the provisions of this section is guilty of “unprofessional conduct,” and his or her license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor acts. In addition, any physician who knowingly violates the provisions of this section shall be civilly liable to the spouse who is the father of the aborted child for any damages caused thereby and for punitive damages in the amount of $5,000, and the court shall award a prevailing plaintiff a reasonable attorney fee as part of costs.

CREDIT(S)

1989, Nov. 17, P.L. 592, No. 64, § 3.

[FN1] 63 P.S. § 271.1 et seq.

[FN2] 63 P.S. § 422.1 et seq.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3210

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3210. Determination of gestational age

(a) Requirement.--Except in the case of a medical emergency which prevents compliance with this section, no abortion shall be performed or induced unless the referring physician or the physician performing or inducing it has first made a determination of the probable gestational age of the unborn child. In making such determination, the physician shall make such inquiries of the patient and perform or cause to be performed such medical examinations and tests as a prudent physician would consider necessary to make or perform in making an accurate diagnosis with respect to gestational age. The physician who performs or induces the abortion shall report the type of inquiries made and the type of examinations and tests utilized to determine the gestational age of the unborn child and the basis for the diagnosis with respect to gestational age on forms provided by the department.

(b) Penalty.--Failure of any physician to conform to any requirement of this section constitutes “unprofessional conduct” within the meaning of the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor acts. Upon a finding by the State Board of Medicine or the State Board of Osteopathic Medicine that any physician has failed to conform to any requirement of this section, the board shall not fail to suspend that physician's license for a period of at least three months. Intentional, knowing or reckless falsification of any report required under this section is a misdemeanor of the third degree.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 6, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.

[FN1] 63 P.S. § 271.1 et seq.

[FN2] 63 P.S. § 422.1 et seq.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3211

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3211. Abortion on unborn child of 24 or more weeks gestational age

(a) Prohibition.--Except as provided in subsection (b), no person shall perform or induce an abortion upon another person when the gestational age of the unborn child is 24 or more weeks.

(b) Exceptions.--

(1) It shall not be a violation of subsection (a) if an abortion is performed by a physician and that physician reasonably believes that it is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. No abortion shall be deemed authorized under this paragraph if performed on the basis of a claim or a diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible impairment of a major bodily function.

(2) It shall not be a violation of subsection (a) if the abortion is performed by a physician and that physician reasonably believes, after making a determination of the gestational age of the unborn child in compliance with section 3210 (relating to determination of gestational age), that the unborn child is less than 24 weeks gestational age.

(c) Abortion regulated.--Except in the case of a medical emergency which, in the reasonable medical judgment of the physician performing the abortion, prevents compliance with a particular requirement of this subsection, no abortion which is authorized under subsection (b)(1) shall be performed unless each of the following conditions is met:

(1) The physician performing the abortion certifies in writing that, based upon his medical examination of the pregnant woman and his medical judgment, the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman.

(2) Such physician's judgment with respect to the necessity for the abortion has been concurred in by one other licensed physician who certifies in writing that, based upon his or her separate personal medical examination of the pregnant woman and his or her medical judgment, the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman.

(3) The abortion is performed in a hospital.

(4) The physician terminates the pregnancy in a manner which provides the best opportunity for the unborn child to survive, unless the physician determines, in his or her good faith medical judgment, that termination of the pregnancy in that manner poses a significantly greater risk either of the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman than would other available methods.

(5) The physician performing the abortion arranges for the attendance, in the same room in which the abortion is to be completed, of a second physician who shall take control of the child immediately after complete extraction from the mother and shall provide immediate medical care for the child, taking all reasonable steps necessary to preserve the child's life and health.

(d) Penalty.--Any person who violates subsection (a) commits a felony of the third degree. Any person who violates subsection (c) commits a misdemeanor of the second degree for the first offense and a misdemeanor of the first degree for subsequent offenses.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 6, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3212

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3212. Infanticide

(a) Status of fetus.--The law of this Commonwealth shall not be construed to imply that any human being born alive in the course of or as a result of an abortion or pregnancy termination, no matter what may be that human being's chance of survival, is not a person under the Constitution and laws of this Commonwealth.

(b) Care required.--All physicians and licensed medical personnel attending a child who is born alive during the course of an abortion or premature delivery, or after being carried to term, shall provide such child that type and degree of care and treatment which, in the good faith judgment of the physician, is commonly and customarily provided to any other person under similar conditions and circumstances. Any individual who intentionally, knowingly or recklessly violates the provisions of this subsection commits a felony of the third degree.

(c) Obligation of physician.--Whenever the physician or any other person is prevented by lack of parental or guardian consent from fulfilling his obligations under subsection (b), he shall nonetheless fulfill said obligations and immediately notify the juvenile court of the facts of the case. The juvenile court shall immediately institute an inquiry and, if it finds that the lack of parental or guardian consent is preventing treatment required under subsection (b), it shall immediately grant injunctive relief to require such treatment.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3213

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3213. Prohibited acts

(a) Payment for abortion.--Except in the case of a pregnancy which is not yet clinically diagnosable, any person who intends to perform or induce abortion shall, before accepting payment therefor, make or obtain a determination that the woman is pregnant. Any person who intentionally or knowingly accepts such a payment without first making or obtaining such a determination commits a misdemeanor of the second degree. Any person who makes such a determination erroneously either knowing that it is erroneous or with reckless disregard or negligence as to whether it is erroneous, and who either:

(1) thereupon or thereafter intentionally relies upon that determination in soliciting or obtaining any such payment; or

(2) intentionally conveys that determination to any person or persons with knowledge that, or with reckless disregard as to whether, that determination will be relied upon in any solicitation or obtaining of any such payment;

commits a misdemeanor of the second degree.

(b) Referral fee.--The payment or receipt of a referral fee in connection with the performance of an abortion is a misdemeanor of the first degree. For purposes of this section, “referral fee” means the transfer of anything of value between a physician who performs an abortion or an operator or employee of a clinic at which an abortion is performed and the person who advised the woman receiving the abortion to use the services of that physician or clinic.

(c) Regulations.--The department shall issue regulations to assure that prior to the performance of any abortion, including abortions performed in the first trimester of pregnancy, the maternal Rh status shall be determined and that anti-Rh sensitization prophylaxis shall be provided to each patient at risk of sensitization unless the patient refuses to accept the treatment. Except when there exists a medical emergency or, in the judgment of the physician, there exists no possibility of Rh sensitization, the intentional, knowing, or reckless failure to conform to the regulations issued pursuant to this subsection constitutes “unprofessional conduct” and his license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN2] or their successor acts.

(d) Participation in abortion.--Except for a facility devoted exclusively to the performance of abortions, no medical personnel or medical facility, nor any employee, agent or student thereof, shall be required against his or its conscience to aid, abet or facilitate performance of an abortion or dispensing of an abortifacient and failure or refusal to do so shall not be a basis for any civil, criminal, administrative or disciplinary action, penalty or proceeding, nor may it be the basis for refusing to hire or admit anyone. Nothing herein shall be construed to limit the provisions of the act of October 27, 1955 (P.L. 744, No. 222), known as the “Pennsylvania Human Relations Act.” [FN3] Any person who knowingly violates the provisions of this subsection shall be civilly liable to the person thereby injured and, in addition, shall be liable to that person for punitive damages in the amount of $5,000.

(e) In vitro fertilization.--All persons conducting, or experimenting in, in vitro fertilization shall file quarterly reports with the department, which shall be available for public inspection and copying, containing the following information:

(1) Names of all persons conducting or assisting in the fertilization or experimentation process.

(2) Locations where the fertilization or experimentation is conducted.

(3) Name and address of any person, facility, agency or organization sponsoring the fertilization or experimentation except that names of any persons who are donors or recipients of sperm or eggs shall not be disclosed.

(4) Number of eggs fertilized.

(5) Number of fertilized eggs destroyed or discarded.

(6) Number of women implanted with a fertilized egg.

Any person required under this subsection to file a report, keep records or supply information, who willfully fails to file such report, keep records or supply such information or who submits a false report shall be assessed a fine by the department in the amount of $50 for each day in which that person is in violation hereof.

(f) Notice.--

(1) Except for a facility devoted exclusively to the performance of abortions, every facility performing abortions shall prominently post a notice, not less than eight and one-half inches by eleven inches in size, entitled “Right of Conscience,” for the exclusive purpose of informing medical personnel, employees, agents and students of such facilities of their rights under subsection (d) and under section 5.2 of the Pennsylvania Human Relations Act. The facility shall post the notice required by this subsection in a location or locations where notices to employees, medical personnel and students are normally posted or, if notices are not normally posted, in a location or locations where the notice required by this subsection is likely to be seen by medical personnel, employees or students of the facility. The department shall prescribe a model notice which may be used by any facility, and any facility which utilizes the model notice or substantially similar language shall be deemed in compliance with this subsection.

(2) The department shall have the authority to assess a civil penalty of up to $5,000 against any facility for each violation of this subsection, giving due consideration to the appropriateness of the penalty with respect to the size of the facility, the gravity of the violation, the good faith of the facility and the history of previous violations. Civil penalties due under this subsection shall be paid to the department for deposit in the State Treasury and may be collected by the department in the appropriate court of common pleas. The department shall send a copy of its model notice to every facility which files a report under section 3207(b) (relating to abortion facilities). Failure to receive a notice shall not be a defense to any civil action brought pursuant to this subsection.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 7, effective in 30 days.

[FN1] 63 P.S. § 271.1 et seq.

[FN2] 63 P.S. § 422.1 et seq.

[FN3] 43 P.S. § 951 et seq.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3214

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3214. Reporting

(a) General rule.--For the purpose of promotion of maternal health and life by adding to the sum of medical and public health knowledge through the compilation of relevant data, and to promote the Commonwealth's interest in protection of the unborn child, a report of each abortion performed shall be made to the department on forms prescribed by it. The report forms shall not identify the individual patient by name and shall include the following information:

(1) Identification of the physician who performed the abortion, the concurring physician as required by section 3211(c)(2) (relating to abortion on unborn child of 24 or more weeks gestational age), the second physician as required by section 3211(c)(5) and the facility where the abortion was performed and of the referring physician, agency or service, if any.

(2) The county and state in which the woman resides.

(3) The woman's age.

(4) The number of prior pregnancies and prior abortions of the woman.

(5) The gestational age of the unborn child at the time of the abortion.

(6) The type of procedure performed or prescribed and the date of the abortion.

(7) Pre-existing medical conditions of the woman which would complicate pregnancy, if any, and, if known, any medical complication which resulted from the abortion itself.

(8) The basis for the medical judgment of the physician who performed the abortion that the abortion was necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman, where an abortion has been performed pursuant to section 3211(b)(1).

(9) The weight of the aborted child for any abortion performed pursuant to section 3211(b)(1).

(10) Basis for any medical judgment that a medical emergency existed which excused the physician from compliance with any provision of this chapter.

(11) The information required to be reported under section 3210(a) (relating to determination of gestational age).

(12) Whether the abortion was performed upon a married woman and, if so, whether notice to her spouse was given. If no notice to her spouse was given, the report shall also indicate the reason for failure to provide notice.

(b) Completion of report.--The reports shall be completed by the hospital or other licensed facility, signed by the physician who performed the abortion and transmitted to the department within 15 days after each reporting month.

(c) Pathological examinations.--When there is an abortion performed during the first trimester of pregnancy, the tissue that is removed shall be subjected to a gross or microscopic examination, as needed, by the physician or a qualified person designated by the physician to determine if a pregnancy existed and was terminated. If the examination indicates no fetal remains, that information shall immediately be made known to the physician and sent to the department within 15 days of the analysis. When there is an abortion performed after the first trimester of pregnancy where the physician has certified the unborn child is not viable, the dead unborn child and all tissue removed at the time of the abortion shall be submitted for tissue analysis to a board eligible or certified pathologist. If the report reveals evidence of viability or live birth, the pathologist shall report such findings to the department within 15 days and a copy of the report shall also be sent to the physician performing the abortion. Intentional, knowing, reckless or negligent failure of the physician to submit such an unborn child or such tissue remains to such a pathologist for such a purpose, or intentional, knowing or reckless failure of the pathologist to report any evidence of live birth or viability to the department in the manner and within the time prescribed is a misdemeanor of the third degree.

(d) Form.--The department shall prescribe a form on which pathologists may report any evidence of absence of pregnancy, live birth or viability.

(e) Statistical reports; public availability of reports.--

(1) The department shall prepare a comprehensive annual statistical report for the General Assembly based upon the data gathered under subsections (a) and (h). Such report shall not lead to the disclosure of the identity of any person filing a report or about whom a report is filed, and shall be available for public inspection and copying.

(2) Reports filed pursuant to subsection (a) or (h) shall not be deemed public records within the meaning of that term as defined by the act of June 21, 1957 (P.L. 390, No. 212), referred to as the Right-to-Know Law, [FN1] and shall remain confidential, except that disclosure may be made to law enforcement officials upon an order of a court of common pleas after application showing good cause therefor. The court may condition disclosure of the information upon any appropriate safeguards it may impose.

(3) Original copies of all reports filed under subsections (a), (f) and (h) shall be available to the State Board of Medicine and the State Board of Osteopathic Medicine for use in the performance of their official duties.

(4) Any person who willfully discloses any information obtained from reports filed pursuant to subsection (a) or (h), other than that disclosure authorized under paragraph (1), (2) or (3) hereof or as otherwise authorized by law, shall commit a misdemeanor of the third degree.

(f) Report by facility.--Every facility in which an abortion is performed within this Commonwealth during any quarter year shall file with the department a report showing the total number of abortions performed within the hospital or other facility during that quarter year. This report shall also show the total abortions performed in each trimester of pregnancy. Any report shall be available for public inspection and copying only if the facility receives State-appropriated funds within the 12-calendar-month period immediately preceding the filing of the report. These reports shall be submitted on a form prescribed by the department which will enable a facility to indicate whether or not it is receiving State-appropriated funds. If the facility indicates on the form that it is not receiving State-appropriated funds, the department shall regard its report as confidential unless it receives other evidence which causes it to conclude that the facility receives State-appropriated funds.

(g) Report of maternal death.--After 30 days' public notice, the department shall henceforth require that all reports of maternal deaths occurring within the Commonwealth arising from pregnancy, childbirth or intentional abortion in every case state the cause of death, the duration of the woman's pregnancy when her death occurred and whether or not the woman was under the care of a physician during her pregnancy prior to her death and shall issue such regulations as are necessary to assure that such information is reported, conducting its own investigation if necessary in order to ascertain such data. A woman shall be deemed to have been under the care of a physician prior to her death for the purpose of this chapter when she had either been examined or treated by a physician, not including any examination or treatment in connection with emergency care for complications of her pregnancy or complications of her abortion, preceding the woman's death at any time which is both 21 or more days after the time she became pregnant and within 60 days prior to her death. Known incidents of maternal mortality of nonresident women arising from induced abortion performed in this Commonwealth shall be included as incidents of maternal mortality arising from induced abortions. Incidents of maternal mortality arising from continued pregnancy or childbirth and occurring after induced abortion has been attempted but not completed, including deaths occurring after induced abortion has been attempted but not completed as the result of ectopic pregnancy, shall be included as incidents of maternal mortality arising from induced abortion. The department shall annually compile a statistical report for the General Assembly based upon the data gathered under this subsection, and all such statistical reports shall be available for public inspection and copying.

(h) Report of complications.--Every physician who is called upon to provide medical care or treatment to a woman who is in need of medical care because of a complication or complications resulting, in the good faith judgment of the physician, from having undergone an abortion or attempted abortion shall prepare a report thereof and file the report with the department within 30 days of the date of his first examination of the woman, which report shall be on forms prescribed by the department, which forms shall contain the following information, as received, and such other information except the name of the patient as the department may from time to time require:

(1) Age of patient.

(2) Number of pregnancies patient may have had prior to the abortion.

(3) Number and type of abortions patient may have had prior to this abortion.

(4) Name and address of the facility where the abortion was performed.

(5) Gestational age of the unborn child at the time of the abortion, if known.

(6) Type of abortion performed, if known.

(7) Nature of complication or complications.

(8) Medical treatment given.

(9) The nature and extent, if known, of any permanent condition caused by the complication.

(i) Penalties.--

(1) Any person required under this section to file a report, keep any records or supply any information, who willfully fails to file such report, keep such records or supply such information at the time or times required by law or regulation is guilty of “unprofessional conduct” and his license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act, [FN2] the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985, [FN3] or their successor acts.

(2) Any person who willfully delivers or discloses to the department any report, record or information known by him to be false commits a misdemeanor of the first degree.

(3) In addition to the above penalties, any person, organization or facility who willfully violates any of the provisions of this section requiring reporting shall upon conviction thereof:

(i) For the first time, have its license suspended for a period of six months.

(ii) For the second time, have its license suspended for a period of one year.

(iii) For the third time, have its license revoked.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 8, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 4, imd. effective.

[FN1] 65 P.S. § 66.1 et seq.

[FN2] 63 P.S. § 271.1 et seq.

[FN3] 63 P.S. § 422.1 et seq.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3215

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3215. Publicly owned facilities; public officials and public funds

(a) Limitations.--No hospital, clinic or other health facility owned or operated by the Commonwealth, a county, a city or other governmental entity (except the government of the United States, another state or a foreign nation) shall:

(1) Provide, induce, perform or permit its facilities to be used for the provision, inducement or performance of any abortion except where necessary to avert the death of the woman or where necessary to terminate pregnancies initiated by acts of rape or incest if reported in accordance with requirements set forth in subsection (c).

(2) Lease or sell or permit the subleasing of its facilities or property to any physician or health facility for use in the provision, inducement or performance of abortion, except abortion necessary to avert the death of the woman or to terminate pregnancies initiated by acts of rape or incest if reported in accordance with requirements set forth in subsection (c).

(3) Enter into any contract with any physician or health facility under the terms of which such physician or health facility agrees to provide, induce or perform abortions, except abortion necessary to avert the death of the woman or to terminate pregnancies initiated by acts of rape or incest if reported in accordance with requirements set forth in subsection (c).

(b) Permitted treatment.--Nothing in subsection (a) shall be construed to preclude any hospital, clinic or other health facility from providing treatment for post-abortion complications.

(c) Public funds.--No Commonwealth funds and no Federal funds which are appropriated by the Commonwealth shall be expended by any State or local government agency for the performance of abortion, except:

(1) When abortion is necessary to avert the death of the mother on certification by a physician. When such physician will perform the abortion or has a pecuniary or proprietary interest in the abortion there shall be a separate certification from a physician who has no such interest.

(2) When abortion is performed in the case of pregnancy caused by rape which, prior to the performance of the abortion, has been reported, together with the identity of the offender, if known, to a law enforcement agency having the requisite jurisdiction and has been personally reported by the victim.

(3) When abortion is performed in the case of pregnancy caused by incest which, prior to the performance of the abortion, has been personally reported by the victim to a law enforcement agency having the requisite jurisdiction, or, in the case of a minor, to the county child protective service agency and the other party to the incestuous act has been named in such report.

(d) Health plans.--No health plan for employees, funded with any Commonwealth funds, shall include coverage for abortion, except under the same conditions and requirements as provided in subsection (c). The prohibition contained herein shall not apply to health plans for which abortion coverage has been expressly bargained for in any collective bargaining agreement presently in effect, but shall be construed to preclude such coverage with respect to any future agreement.

(e) Insurance policies.--All insurers who make available health care and disability insurance policies in this Commonwealth shall make available such policies which contain an express exclusion of coverage for abortion services not necessary to avert the death of the woman or to terminate pregnancies caused by rape or incest.

(f) Public officers; ordering abortions.--Except in the case of a medical emergency, no court, judge, executive officer, administrative agency or public employee of the Commonwealth or of any local governmental body shall have power to issue any order requiring an abortion without the express voluntary consent of the woman upon whom the abortion is to be performed or shall coerce any person to have an abortion.

(g) Public officers; limiting benefits prohibited.--No court, judge, executive officer, administrative agency or public employee of the Commonwealth or of any local governmental body shall withhold, reduce or suspend or threaten to withhold, reduce or suspend any benefits to which a person would otherwise be entitled on the ground that such person chooses not to have an abortion.

(h) Penalty.--Whoever orders an abortion in violation of subsection (f) or withholds, reduces or suspends any benefits or threatens to withhold, reduce or suspend any benefits in violation of subsection (g) commits a misdemeanor of the first degree.

(i) Public funds for legal services.--No Federal or State funds which are appropriated by the Commonwealth for the provision of legal services by private agencies, and no public funds generated by collection of interest on lawyer's trust accounts, as authorized by statute previously or subsequently enacted, may be used, directly or indirectly, to:

(1) Advocate the freedom to choose abortion or the prohibition of abortion.

(2) Provide legal assistance with respect to any proceeding or litigation which seeks to procure or prevent any abortion or to procure or prevent public funding for any abortion.

(3) Provide legal assistance with respect to any proceeding or litigation which seeks to compel or prevent the performance or assistance in the performance of any abortion, or the provision of facilities for the performance of any abortion.

Nothing in this subsection shall be construed to require or prevent the expenditure of funds pursuant to a court order awarding fees for attorney's services under the Civil Rights Attorney's Fees Awards Act of 1976 (Public law 94-559, 90 Stat. 2641), nor shall this subsection be construed to prevent the use of public funds to provide court appointed counsel in any proceeding authorized under section 3206 (relating to parental consent).

(j) Required statements.--No Commonwealth agency shall make any payment from Federal or State funds appropriated by the Commonwealth for the performance of any abortion pursuant to subsection (c)(2) or (3) unless the Commonwealth agency first:

(1) receives from the physician or facility seeking payment a statement signed by the physician performing the abortion stating that, prior to performing the abortion, he obtained a non-notarized, signed statement from the pregnant woman stating that she was a victim of rape or incest, as the case may be, and that she reported the crime, including the identity of the offender, if known, to a law enforcement agency having the requisite jurisdiction or, in the case of incest where a pregnant minor is the victim, to the county child protective service agency and stating the name of the law enforcement agency or child protective service agency to which the report was made and the date such report was made;

(2) receives from the physician or facility seeking payment, the signed statement of the pregnant woman which is described in paragraph (1). The statement shall bear the notice that any false statements made therein are punishable by law and shall state that the pregnant woman is aware that false reports to law enforcement authorities are punishable by law; and

(3) verifies with the law enforcement agency or child protective service agency named in the statement of the pregnant woman whether a report of rape or incest was filed with the agency in accordance with the statement.

The Commonwealth agency shall report any evidence of false statements, of false reports to law enforcement authorities or of fraud in the procurement or attempted procurement of any payment from Federal or State funds appropriated by the Commonwealth pursuant to this section to the district attorney of appropriate jurisdiction and, where appropriate, to the Attorney General.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 9, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3216

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3216. Fetal experimentation

(a) Unborn or live child.--Any person who knowingly performs any type of nontherapeutic experimentation or nontherapeutic medical procedure (except an abortion as defined in this chapter) upon any unborn child, or upon any child born alive during the course of an abortion, commits a felony of the third degree. “Nontherapeutic” means that which is not intended to preserve the life or health of the child upon whom it is performed.

(b) Dead child.-- The following standards govern the procurement and use of any fetal tissue or organ which is used in animal or human transplantation, research or experimentation:

(1) No fetal tissue or organs may be procured or used without the written consent of the mother. No consideration of any kind for such consent may be offered or given. Further, if the tissue or organs are being derived from abortion, such consent shall be valid only if obtained after the decision to abort has been made.

(2) No person who provides the information required by section 3205 (relating to informed consent) shall employ the possibility of the use of aborted fetal tissue or organs as an inducement to a pregnant woman to undergo abortion except that payment for reasonable expenses occasioned by the actual retrieval, storage, preparation and transportation of the tissues is permitted.

(3) No remuneration, compensation or other consideration may be paid to any person or organization in connection with the procurement of fetal tissue or organs.

(4) All persons who participate in the procurement, use or transplantation of fetal tissue or organs, including the recipients of such tissue or organs, shall be informed as to whether the particular tissue or organ involved was procured as a result of either:

(i) stillbirth;

(ii) miscarriage;

(iii) ectopic pregnancy;

(iv) abortion; or

(v) any other means.

(5) No person who consents to the procurement or use of any fetal tissue or organ may designate the recipient of that tissue or organ, nor shall any other person or organization act to fulfill that designation.

(6) The department may assess a civil penalty upon any person who procures, sells or uses any fetal tissue or organs in violation of this section or the regulations issued thereunder. Such civil penalties may not exceed $5,000 for each separate violation. In assessing such penalties, the department shall give due consideration to the gravity of the violation, the good faith of the violator and the history of previous violations. Civil penalties due under this paragraph shall be paid to the department for deposit in the State Treasury and may be enforced by the department in the Commonwealth Court.

(c) Construction of section.--Nothing in this section shall be construed to condone or prohibit the performance of diagnostic tests while the unborn child is in utero or the performance of pathological examinations on an aborted child. Nor shall anything in this section be construed to condone or prohibit the performance of in vitro fertilization and accompanying embryo transfer.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3217

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3217. Civil penalties

Any physician who knowingly violates any of the provisions of section 3204 (relating to medical consultation and judgment) or 3205 (relating to informed consent) shall, in addition to any other penalty prescribed in this chapter, be civilly liable to his patient for any damages caused thereby and, in addition, shall be liable to his patient for punitive damages in the amount of $5,000, and the court shall award a prevailing plaintiff a reasonable attorney fee as part of costs.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 10, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3218

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3218. Criminal penalties

(a) Application of chapter.--Notwithstanding any other provision of this chapter, no criminal penalty shall apply to a woman who violates any provision of this chapter solely in order to perform or induce or attempt to perform or induce an abortion upon herself. Nor shall any woman who undergoes an abortion be found guilty of having committed an offense, liability for which is defined under section 306 (relating to liability for conduct of another; complicity) or Chapter 9 (relating to inchoate crimes), by reason of having undergone such abortion.

(b) False statement, etc.--A person commits a misdemeanor of the second degree if, with intent to mislead a public servant in performing his official function under this chapter, such person:

(1) makes any written false statement which he does not believe to be true; or

(2) submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity.

(c) Statements “under penalty”.--A person commits a misdemeanor of the third degree if such person makes a written false statement which such person does not believe to be true on a statement submitted as required under this chapter, bearing notice to the effect that false statements made therein are punishable.

(d) Perjury provisions applicable.--Section 4902(c) through (f) (relating to perjury) apply to subsections (b) and (c).

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 10, effective in 30 days; 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3219

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3219. State Board of Medicine; State Board of Osteopathic Medicine

(a) Enforcement.--It shall be the duty of the State Board of Medicine and the State Board of Osteopathic Medicine to vigorously enforce those provisions of this chapter, violation of which constitutes “unprofessional conduct” within the meaning of the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, [FN1] the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, [FN2] or their successor acts. Each board shall have the power to conduct, and its responsibilities shall include, systematic review of all reports filed under this chapter.

(b) Penalties.--Except as otherwise herein provided, upon a finding of “unprofessional conduct” under the provisions of this chapter, the board shall, for the first such offense, prescribe such penalties as it deems appropriate; for the second such offense, suspend the license of the physician for at least 90 days; and, for the third such offense, revoke the license of the physician.

(c) Reports.--The board shall prepare and submit an annual report of its enforcement efforts under this chapter to the General Assembly, which shall contain the following items:

(1) number of violations investigated, by section of this chapter;

(2) number of physicians complained against;

(3) number of physicians investigated;

(4) penalties imposed; and

(5) such other information as any committee of the General Assembly shall require.

Such reports shall be available for public inspection and copying.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1988, March 25, P.L. 262, No. 31, § 10, effective in 30 days.

[FN1] 63 P.S. § 271.1 et seq.

[FN2] 63 P.S. § 422.1 et seq.

Current through Regular Session Act 2013-4

18 Pa.C.S.A. § 3220

Effective:[See Text Amendments]

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part II. Definition of Specific Offenses

Article B. Offenses Involving Danger to the Person (Refs & Annos)

Chapter 32. Abortion (Refs & Annos)

§ 3220. Construction

(a) Referral to coroner.--The provisions of section 503(3) of the act of June 29, 1953 (P.L. 304, No. 66), known as the “Vital Statistics Law of 1953,” [FN1] shall not be construed to require referral to the coroner of cases of abortions performed in compliance with this chapter.

(b) Other laws unaffected.--Apart from the provisions of subsection (a) and section 3214 (relating to reporting) nothing in this chapter shall have the effect of modifying or repealing any part of the “Vital Statistics Law of 1953” or section 5.2 of the act of October 27, 1955 (P.L. 744, No. 222), known as the “Pennsylvania Human Relations Act.” [FN2]

(c) Required statement.--When any provision of this chapter requires the furnishing or obtaining of a nonnotarized statement or verification, the furnishing or acceptance of a notarized statement or verification shall not be deemed a violation of that provision.

CREDIT(S)

1982, June 11, P.L. 476, No. 138, § 1, effective in 180 days. Amended 1989, Nov. 17, P.L. 592, No. 64, § 4, effective in 60 days.

[FN1] 35 P.S. § 450.503(3).

[FN2] 43 P.S. § 955.2.

Current through Regular Session Act 2013-4

Chapter 51. Offenses Against the Family and Vulnerable Adults

Title 13. Offenses Against the Family

Chapter 30. Miscellaneous Offenses Against the Person Abuse of Elderly or Disabled Persons

Chapter 22-22A. Offenses Against the Family (Refs & Annos) 22-22A-1. Bigamy--Exceptions--Felony

§ 18.2-314. Failing to secure medical attention for injured child

Chapter 43. Offenses Against the Family

Chapter 3. Offenses Against the Person

Chapter 8. Crimes Involving Morals and Decency

Chapter 61. Crimes and Their Punishment

Chapter 9A.64. Family Offenses 9A.64.010. Bigamy

§ 61-5-29. Failure to meet an obligation to pay support to a minor; penalties

Chapter 9A.44. Sex Offenses (Refs & Annos) 9A.44.160. Custodial sexual misconduct in the first degree

Chapter 1. Abortion.

Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults

Chapter 5. Specific Offenses

Chapter 6. Offenses Involving Danger to the Person. (Refs & Annos)

Chapter 4. Crimes Against the Person

Chapter 163. Offenses Against Persons

Chapter 35. Child Stealing

Tag Index

Title 18. Criminal Code

Chapter 8. Crimes Involving Morals and Decency

Chapter 17. Offenses Against Public Policy

Chapter 6. Sexual Offenses

Chapter 2. Abandonment and Nonsupport (Refs & Annos) § 11-2-1. Abandonment or nonsupport of spouse or children

Chapter 5. Specific Offenses

Chapter 15. Offenses Against Morality and Decency

Chapter 5. Crimes Against the Person

Chapter 25. Offenses Involving Families, Etc.

Chapter 19. Breach of the Peace; Disturbances

Chapter 9.68A. Sexual Exploitation of Children (Refs & Annos)

Chapter 32. Abortion

Chapter 948. Crimes Against Children