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[TITLE 13 Crimes and
Criminal Procedure : PART 1 Crimes : CHAPTER 3. ABORTION]
§
101. Definition and punishment. [These provisions haves been held to be
unconstitutional and unenforceable as applied to physicians.]
A
person who wilfully administers, advises or causes to be administered anything
to a woman pregnant, or supposed by such person to be pregnant, or employs or
causes to be employed any means with intent to procure the miscarriage of such
woman, or assists or counsels therein, unless the same is necessary to preserve
her life, if the woman dies in consequence thereof, shall be imprisoned not
more than twenty years nor less than five years. If the woman does not
die in consequence thereof, such person shall be imprisoned not more than ten
years nor less than three years. However, the woman whose miscarriage is
caused or attempted shall not be liable to the penalties prescribed by this
section.
§
102. Dying declaration as evidence.
In
all prosecutions under the provisions of section 101 of this title, the dying
declaration of the woman whose death is produced by any of the means set forth
in such section may be admitted in evidence subject to the same restrictions as
in cases of homicide.
§
103. Joining with murder indictment.
A
person who is indicted for the murder of an infant child, or of a woman
pregnant or supposed by such person to be pregnant, may be charged in the same
indictment with the offenses under section 101 of this title, and may be found
guilty of any charge in the indictment sustained by the proof, and judgment and
sentence shall be awarded accordingly.
§
104. Advertising or dealing in anything to cause miscarriage.
A
person who knowingly causes to be made public by print, writing, words or
language that give any information where anything, or any advice or
information, may be obtained for the purpose of causing or procuring the
miscarriage of a pregnant woman, shall be imprisoned not more than ten years
nor less than three years. A person who sells or gives away anything for
the purpose of producing such miscarriage shall be imprisoned not more than
three years nor less than one year and fined not more than $500.00 nor less
than $200.00, or both.
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[TITLE 16 Education :
PART 1 Administration : CHAPTER 1. ADMINISTRATION GENERALLY : Subchapter 7.
Comprehensive Health Education]
§
131. Definitions.
For
the purposes of this subchapter:
"Comprehensive
health education" means a systematic and extensive elementary and
secondary educational program designed to provide a variety of learning
experiences based upon knowledge of the human organism as it functions within
its environment. The term includes, but is not limited to, a study
of:
(1)
Body structure and function, including the physical, psychosocial and
psychological basis of human development, sexuality and reproduction;
(2)
Community health to include environmental health, pollution, public health and
world health;
(3)
Safety including first aid, disaster prevention and accident prevention;
(4)
Disease, such as HIV infection, other sexually transmitted diseases, as well as
other communicable diseases, and the prevention of disease;
(5)
Family health and mental health, including instruction which promotes the
development of responsible personal behavior involving decision making about
sexual activity including abstinence; skills which strengthen existing family
ties involving communication, cooperation, and interaction between parents and
students; and instruction to aid in the establishment of strong family life in
the future, thereby contributing to the enrichment of the community;
(6)
Personal health habits including dental health;
(7)
Consumer health including health careers, health costs and utilizing health
services;
(8)
Human growth and development, including understanding the physical, emotional
and social elements of individual development and interpersonal relationships
including instruction in parenting methods and styles. This shall include
information regarding the possible outcomes of premature sexual activity,
contraceptives, adolescent pregnancy, childbirth, adoption, and abortion;
(9)
Drugs including education about alcohol, caffeine, nicotine and prescribed
drugs; and
(10)
Nutrition.
§
132. Advisory council.
(a)
The commissioner with the approval of the state board shall establish an
advisory council on comprehensive health education. There shall be eleven
members of the council, at least three of whom shall be associated with the
health services field, and their qualifications shall be determined by the
board. The members shall serve without compensation but shall receive
their actual expenses incurred in the pursuance of their duties relating to
comprehensive health education.
(b)
The council shall assist the department of education
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