Section 707.8A. Partial-birth abortion prohibited — exceptions — penalties.

  1.  As used in this section, unless the context otherwise requires:

  a.  “Abortion” means abortion as defined in section 146.1.

  b.  “Fetus” means a human fetus.

  c.  “Partial-birth abortion” means an abortion in which a person partially vaginally delivers a living fetus before killing the fetus and completing the delivery.

  d.  “Vaginally delivers a living fetus before killing the fetus” means deliberately and intentionally delivering into the vagina a living fetus or a substantial portion of a living fetus for the purpose of performing a procedure the person knows will kill the fetus, and then killing the fetus.

  2.  A person shall not knowingly perform or attempt to perform a partial-birth abortion. This prohibition shall not apply to a partial-birth abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury.

  3.  This section shall not be construed to create a right to an abortion.

  4.  a.  The mother on whom a partial-birth abortion is performed, the father of the fetus, or, if the mother is less than eighteen years of age or unmarried at the time of the partial-birth abortion, a maternal grandparent of the fetus may bring an action against a person violating subsection 2 to obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct or the plaintiff consented to the partial-birth abortion.

  b.  In an action brought under this subsection, appropriate relief may include any of the following:

  (1)  Statutory damages which are equal to three times the cost of the partial-birth abortion.

  (2)  Compensatory damages for all injuries, psychological and physical, resulting from violation of subsection 2.

  5.  A person who violates subsection 2 is guilty of a class “C” felony.

  6.  A mother upon whom a partial-birth abortion is performed shall not be prosecuted for violation of subsection 2 or for conspiracy to violate subsection 2.

  7.  a.  A licensed physician subject to the authority of the board of medicine who is accused of a violation of subsection 2 may seek a hearing before the board on whether the physician’s conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury.

  b.  The board’s findings concerning the physician’s conduct are admissible at the criminal trial of the physician. Upon a motion of the physician, the court shall delay the beginning of the trial for not more than thirty days to permit the hearing before the board of medicine to take place.

98 Acts, ch 1009, §1

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2007 Acts, ch 10, §181