‘‘(d) BAR TO PROSECUTION.—A woman upon whom 
an abortion in violation of subsection (a) is performed or 
attempted may not be prosecuted under, or for a con-
spiracy to violate, subsection (a), or for an offense under 
section 2, 3, or 4 of this title based on such a violation. 
‘‘(e) DEFINITIONS.—In this section the following 
definitions apply: 
‘‘(1) ABORTION.—The term ‘abortion’ means 
the use or prescription of any instrument, medicine, 
drug, or any other substance or device— 
‘‘(A) to intentionally kill the unborn child 
of a woman known to be pregnant; or 
‘‘(B) to intentionally terminate the preg-
nancy of a woman known to be pregnant, with 
an intention other than— 
‘‘(i) after viability to produce a live 
birth and preserve the life and health of 
the child born alive; or 
‘‘(ii) to remove a dead unborn child. 
‘‘(2) ATTEMPT AN ABORTION.—The term ‘at-
tempt’, with respect to an abortion, means conduct 
that, under the circumstances as the actor believes 
them to be, constitutes a substantial step in a course 
of conduct planned to culminate in performing an 
abortion. 
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‘‘(3) FERTILIZATION.—The term ‘fertilization’ 
means the fusion of human spermatozoon with a 
human ovum. 
‘‘(4) PERFORM.—The term ‘perform’, with re-
spect to an abortion, includes induce an abortion 
through a medical or chemical intervention including 
writing a prescription for a drug or device intended 
to result in an abortion. 
‘‘(5) PHYSICIAN.—The term ‘physician’ means 
a person licensed to practice medicine and surgery 
or osteopathic medicine and surgery, or otherwise le-
gally authorized to perform an abortion. 
‘‘(6) POST-FERTILIZATION
AGE.—The term 
‘post-fertilization age’ means the age of the unborn 
child as calculated from the fusion of a human 
spermatozoon with a human ovum. 
‘‘(7) PROBABLE POST-FERTILIZATION AGE OF 
THE UNBORN CHILD.—The term ‘probable post-fer-
tilization age of the unborn child’ means what, in 
reasonable medical judgment, will with reasonable 
probability be the postfertilization age of the unborn 
child at the time the abortion is planned to be per-
formed or induced. 
‘‘(8) REASONABLE MEDICAL JUDGMENT.—The 
term ‘reasonable medical judgment’ means a medical 
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judgment that would be made by a reasonably pru-
dent physician, knowledgeable about the case and 
the treatment possibilities with respect to the med-
ical conditions involved. 
‘‘(9) UNBORN CHILD.—The term ‘unborn child’ 
means an individual organism of the species homo 
sapiens, beginning at fertilization, until the point of 
being born alive as defined in section 8(b) of title 1. 
‘‘(10) WOMAN.—The term ‘woman’ means a fe-
male human being whether or not she has reached 
the age of majority.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 74 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1532. Pain-capable unborn child protection.’’. 
(c) CHAPTER HEADING AMENDMENTS.— 
(1) CHAPTER
HEADING
IN
CHAPTER.—The 
chapter heading for chapter 74 of title 18, United 
States Code, is amended by striking ‘‘PARTIAL- 
BIRTH ABORTIONS’’ and inserting ‘‘ABOR-
TIONS’’. 
(2) TABLE OF CHAPTERS FOR PART I.—The 
item relating to chapter 74 in the table of chapters 
at the beginning of part I of title 18, United States 
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Code, is amended by striking ‘‘Partial-Birth Abor-
tions’’ and inserting ‘‘Abortions’’. 
Æ 
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