Missouri Revised Statutes
Chapter 188 - Regulation of Abortions
Section 188.075 - Violation of sections 188.010 to 188.085 a class A misdemeanor — affirmative defense — jurisdiction of attorney general.

Effective - 24 Oct 2017, 2 histories
188.075. Violation of sections 188.010 to 188.085 a class A misdemeanor — affirmative defense — jurisdiction of attorney general. — 1. Any person who contrary to the provisions of sections 188.010 to 188.085 knowingly performs, induces, or aids in the performance or inducing of any abortion or knowingly fails to perform any action required by sections 188.010 to 188.085 shall be guilty of a class A misdemeanor, unless a different penalty is provided for in state law, and, upon conviction, shall be punished as provided by law.
2. It shall be an affirmative defense for any person alleged to have violated any provision of this chapter that the person performed an action or did not perform an action because of a medical emergency. This affirmative defense shall be available in criminal, civil, and administrative actions or proceedings. The defendant shall have the burden of persuasion that the defense is more probably true than not.
3. The attorney general shall have concurrent original jurisdiction throughout the state, along with each prosecuting attorney and circuit attorney within their respective jurisdictions, to commence actions for a violation of any provision of this chapter, for a violation of any state law on the use of public funds for an abortion, or for a violation of any state law which regulates an abortion facility or a person who performs or induces an abortion. The attorney general, or prosecuting attorney or circuit attorney within their respective jurisdictions, may seek injunctive or other relief against any person who, or entity which, is in violation of any provision of this chapter, misuses public funds for an abortion, or violates any state law which regulates an abortion facility or a person who performs or induces an abortion.
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(L. 1974 H.B. 1211 § 14, A.L. 1979 H.B. 523, et al., A.L. 2007 H.B. 1055, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 188 - Regulation of Abortions

Section 188.010 - Intent of general assembly.

Section 188.015 - Definitions.

Section 188.017 - Right to Life of the Unborn Child Act — limitation on abortions, when — affirmative defense — contingent effective date.

Section 188.018 - Severability clause.

Section 188.020 - Physician, required to perform.

Section 188.021 - RU-486, administration of, requirements — limitation on prescribing certain abortion-inducing drugs and chemicals, when, complication plan required — rulemaking authority.

Section 188.023 - Reports of rape or under age eighteen sexual abuse, required to report, how.

Section 188.025 - Hospital required, when.

Section 188.026 - Missouri Stands for the Unborn Act — findings of general assembly — interests of the state of Missouri.

Section 188.027 - Consent, voluntary and informed, required — procedure, contents — information to be presented in person — information on risks — medical emergency, procedure — payment prohibited, when — written materials required, when — emergency...

Section 188.028 - Minors, abortion requirements and procedure.

Section 188.030 - Abortion of viable unborn child prohibited, exceptions — physician duties — violations, penalty — severability — right of intervention, when.

Section 188.031 - Next friend defined for purposes of the procedure for a minor to obtain an abortion.

Section 188.033 - Out-of-state abortion facilities, in-state facilities giving information about, requirements.

Section 188.035 - Death of child aborted alive deemed murder in second degree, when.

Section 188.036 - Prohibited abortions, those done with intent to use fetal organs or tissue for transplant, experiments or for consideration, exceptions.

Section 188.037 - Experimentation with fetus, or child aborted alive, prohibited, exception.

Section 188.038 - Pregnant women, bias or discrimination against — findings of general assembly — limitations on performing an abortion, when.

Section 188.039 - Seventy-two hour waiting period for abortions required — medical emergency exception, definition — informed consent requirements — department to provide model consent forms — waiting period restrained or enjoined, effect of.

Section 188.043 - Medical malpractice insurance required to perform an abortion.

Section 188.044 - Drug or chemical used to induce abortion, warning of birth defects, disability, or other injury — tail insurance required, amount.

Section 188.047 - Tissue submitted for examination — pathologist to file report, copies furnished — department to reconcile notice of abortion to tissue report — annual report required, contents — rulemaking authority.

Section 188.052 - Physician's report on abortion and post-abortion care, when — department to publish statistics.

Section 188.055 - Forms to be supplied to health facilities and physicians.

Section 188.056 - Abortion prohibited after eight weeks gestational age, exception for medical emergency — violation, penalty — severability clause.

Section 188.057 - Abortion prohibited after fourteen weeks gestational age, exception for medical emergency — violation, penalty — severability clause.

Section 188.058 - Abortion prohibited after eighteen weeks gestational age, exception for medical emergency — violation, penalty — severability clause.

Section 188.060 - Records to be retained for seven years.

Section 188.065 - Revocation of license, when.

Section 188.070 - Breach of confidentiality prohibited.

Section 188.075 - Violation of sections 188.010 to 188.085 a class A misdemeanor — affirmative defense — jurisdiction of attorney general.

Section 188.080 - Abortion performed by other than a physician with clinical privileges at a hospital, a felony.

Section 188.085 - Sections 188.010 to 188.085 not to be deemed exclusive of other regulations or remedies.

Section 188.100 - Definitions.

Section 188.105 - Discrimination by employer prohibited because of failure of employee to participate in abortion — exceptions.

Section 188.110 - Discrimination by colleges, universities and hospitals prohibited — no requirement to pay fees, when.

Section 188.115 - Severability clause.

Section 188.120 - Cause of action for violation of discrimination laws, treble damages, attorney's fees.

Section 188.125 - Alternatives to abortion agency, intent to acknowledge certain right of — state preemption, when — actions to enforce, authorized relief — definitions.

Section 188.130 - No cause of action for wrongful life.

Section 188.160 - Whistleblower protection policy, required when — rulemaking authority.

Section 188.200 - Definitions.

Section 188.205 - Use of public funds prohibited, when.

Section 188.210 - Public employees, activities prohibited, when.

Section 188.215 - Use of public facilities prohibited, when.

Section 188.220 - Taxpayer standing to bring suit, when, where.

Section 188.230 - Construction of law.

Section 188.250 - Causing, aiding, or assisting a minor to obtain an abortion prohibited, civil penalty — impermissible defenses — court injunction authorized, when.

Section 188.325 - Program established, services provided — matching moneys to be sought — moneys not to be used for abortions or abortion services.

Section 188.335 - Program established, purpose — matching moneys to be sought — moneys not to be used for abortions or abortion services.

Section 188.375 - Citation of act — definition — limitation on abortion, when — violation, penalty — method or technique to be utilized — severability clause.