Idaho § 18-8804 ABORTION FOLLOWING DETECTION OF A FETAL HEARTBEAT PROHIBITED

Idaho Statutes

§ 18-8804 — ABORTION FOLLOWING DETECTION OF A FETAL HEARTBEAT PROHIBITED

Idaho § 18-8804

Title 18CRIMES AND PUNISHMENTS

Ch. 88FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT

This text of Idaho § 18-8804 (ABORTION FOLLOWING DETECTION OF A FETAL HEARTBEAT PROHIBITED) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 18-8804 (2026).

Text

(1)A person may not perform an abortion on a pregnant woman when a fetal heartbeat has been detected, except in the case of a medical emergency, in the case of rape as defined in section 18-6101, Idaho Code, or in the case of incest as described in section 18-6601, Idaho Code. In the case of rape or incest:

(a)If the woman is not a minor or subject to guardianship, then, prior to the performance of the abortion, the woman has reported the act of rape or incest to a law enforcement agency and provided a copy of such report to the physician who is to perform the abortion; or

(b)If the woman is a minor or subject to guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported the act of rape or incest to a law enforcement agency or child pr

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(1) A person may not perform an abortion on a pregnant woman when a fetal heartbeat has been detected, except in the case of a medical emergency, in the case of rape as defined in section 18-6101, Idaho Code, or in the case of incest as described in section 18-6601, Idaho Code. In the case of rape or incest:
(a) If the woman is not a minor or subject to guardianship, then, prior to the performance of the abortion, the woman has reported the act of rape or incest to a law enforcement agency and provided a copy of such report to the physician who is to perform the abortion; or
(b) If the woman is a minor or subject to guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported the act of rape or incest to a law enforcement agency or child protective services and a copy of such report have been provided to the physician who is to perform the abortion.
(2) Nothing in this section recognizes a right to abortion before a fetal heartbeat is detected.

Legislative History

[(18-8804) 18-8704, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 124, sec. 19, p. 452; am. and redesig. 2022, ch. 152, sec. 3, p. 533.]