18-8804. ABORTION FOLLOWING DETECTION OF A FETAL HEARTBEAT PROHIBITED. (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.
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.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 88 - FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT
Section 18-8801 - DEFINITIONS.
Section 18-8802 - LEGISLATIVE FINDINGS AND INTENT.
Section 18-8803 - DETERMINATION OF FETAL HEARTBEAT.
Section 18-8804 - ABORTION FOLLOWING DETECTION OF A FETAL HEARTBEAT PROHIBITED.
Section 18-8805 - PENALTIES FOR VIOLATIONS — EFFECTIVE UPON A CERTAIN OCCURRENCE.