Title XII PUBLIC HEALTH AND WELFARE
< > Effective - 28 Aug 2007, 2 histories, see footnote (history)188.075. Violation of sections 188.010 to 188.085 a class A misdemeanor — affirmative defense. — 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.
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(L. 1974 H.B. 1211 § 14, A.L. 1979 H.B. 523, et al., A.L. 2007 H.B. 1055)
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188.075 | 10/24/2017 | |||
188.075 | 8/28/2007 | 10/24/2017 |
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