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North Dakota Century Code Title 12.1. Criminal Code § 12.1-41-21. Forced or coerced abortion

Current as of January 01, 2024 | Updated by FindLaw Staff

1. As used in this section:

a. “Forces or coerces” means committing, attempting to commit, or threatening to commit physical harm to the woman, the unborn child, or another individual intended to compel a victim of an offense under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 to have an abortion performed against her will.

b. “Threat” means at least one statement, or a course of conduct by the defendant, which places one in reasonable apprehension that the individual will follow through with the statement or act as implied by the defendant's course of conduct. The term does not include constitutionally protected speech or any generalized statement regarding a lawful pregnancy option.

2. A forced or coerced abortion during the commission of an offense under section 12.1-41-02, 12.1-41-03, or 12.1-41-04 occurs when the defendant forces or coerces a victim of the offense to have an abortion against her will.

3. Upon the request of the victim, a law enforcement agency investigating a violation of this section shall notify the victim not less than twenty-four hours before initially contacting the individual alleged to have committed a violation of this section.

4. If the trier of fact finds that a forced or coerced abortion occurred during the commission of an offense under section 12.1-41-02, 12.1-41-03, or 12.1-41-04, the court may sentence the defendant to be imprisoned for up to five years in addition to the period of imprisonment prescribed for the offense.

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Cite this article: FindLaw.com - North Dakota Century Code Title 12.1. Criminal Code § 12.1-41-21. Forced or coerced abortion - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-12-1-criminal-code/nd-cent-code-sect-12-1-41-21/

Read this complete North Dakota Century Code Title 12.1. Criminal Code § 12.1-41-21. Forced or coerced abortion on Westlaw. Westlaw subscription required.

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