Idaho Code § 18-8804 : — CRIMES AND PUNISHMENTSFETAL HEARTBEAT PREBORN CHILD PROTECTION ACT —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.
Idaho Code § 18-8804
[18-8704 [18-8804], added 2021, ch. 289, sec. 1, p. 868.]
Amended by 2022 Session Laws, ch. 124,sec. 19, eff. 7/1/2022.
Renumbered and amended by 2022 Session Laws, ch. 152,sec. 3, eff. 4/22/2022.
Renumbered by 2022 Session Laws, ch. 111,sec. 10, eff. 7/1/2022.