This text of Arkansas § 20-16-1402 (Definitions) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
As used in this subchapter:
(1)"Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device:
(A)To terminate the pregnancy of a woman known to be pregnant with an intention other than to:
(i)Increase the probability of a live birth;
(ii)Preserve the life or health of the child after live birth; or (iii) Remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and (B) Which causes the premature termination of the pregnancy;
(2)"Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act, that under the circumstances as the actor believes them to be, constitutes a substantial step in a course of c
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As used in this subchapter: (1) "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device: (A) To terminate the pregnancy of a woman known to be pregnant with an intention other than to: (i) Increase the probability of a live birth; (ii) Preserve the life or health of the child after live birth; or (iii) Remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and (B) Which causes the premature termination of the pregnancy; (2) "Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act, that under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter; (3) "Fertilization" means the fusion of a human spermatozoon with a human ovum; (4) (A) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy: (i) Without first determining post-fertilization age to avert the death of the pregnant woman; or (ii) For which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. (B) "Medical emergency" does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function; (5) "Physician" means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state; (6) "Post-fertilization age" means the age of the unborn child as calculated from the fertilization of the human ovum; (7) "Probable post-fertilization age of the unborn child" means what, in reasonable medical judgment, will, with reasonable probability, be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced; (8) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved; (9) "Unborn child" means an individual organism of the species Homo sapiens from fertilization until live birth; and (10) "Woman" means a female human being whether or not she has reached the age of majority.