Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 16 - REPRODUCTIVE HEALTH (§§ 20-16-101 — 20-16-2509) › Subchapter 18 - ARKANSAS UNBORN CHILD PROTECTION FROM DISMEMBERMENT ABORTION ACT (§§ 20-16-1801 — 20-16-1807) › Section 20-16-1802 - Definitions

As used in this subchapter:
(1)
"Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device:
(A)
To terminate the pregnancy of a woman known to be pregnant with an intention other than to:
(i)
Increase the probability of a live birth;
(ii)
Preserve the life or health of the child after live birth; or
(iii)
Remove a dead unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and
(B)
Which causes the premature termination of the pregnancy;
(2)
"Attempt to perform or induce an abortion" means an act or an omission of a statutorily required act, that under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this subchapter;
(3)
(A)
(i)
"Dismemberment abortion" means an abortion performed with the purpose of causing the death of an unborn child that purposely dismembers the living unborn child and extracts one (1) piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two (2) rigid levers, slice, crush, or grasp a portion of the body of the unborn child to cut or tear off a portion of the body of the unborn child.
(ii)
"Dismemberment abortion" includes an abortion in which suction is used to extract the body of the unborn child subsequent to the dismemberment of the unborn child as described under subdivision (3)(A)(i) of this section.
(B)
"Dismemberment abortion" does not include an abortion that uses suction to dismember the body parts of the unborn child into a collection container;
(4)
"Physician" means any person licensed to practice medicine in this state, including a medical doctor or a doctor of osteopathy;
(5)
"Purposely" means to act with purpose with respect to a material element of an offense when:
(A)
If the element involves the nature of the conduct of the actor or a result of the conduct of the actor, it is the conscious object of the actor to engage in conduct of that nature or cause such a result; and
(B)
If the element involves the attendant circumstances, the actor is aware of the existence of such circumstances or the actor believes or hopes that such circumstances exist;
(6)
(A)
"Serious health risk to the pregnant woman" means a condition that, in a reasonable medical judgment, complicates the medical condition of a pregnant woman to such an extent that the abortion of a pregnancy is necessary to avert either the death of the pregnant woman or the serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman.
(B)
"Serious health risk to the pregnant woman" does not include:
(i)
A psychological or emotional condition; or
(ii)
A medical diagnosis that is based on a claim of the pregnant woman or on a presumption that the pregnant woman will engage in conduct that could result in her death or that could cause substantial and irreversible physical impairment of a major bodily function of the pregnant woman;
(7)
"Unborn child" means an individual organism of the species Homo sapiens from fertilization until live birth; and
(8)
"Woman" means a female human being whether or not she has reached the age of majority.
Added by Act 2017, No. 45,§ 1, eff. 8/1/2017.