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46.3906 Distributing abortifacients.

Cite as [A.S.C.A. § 46.3906]

(a) A person commits the crime of distributing abortifacients if he gives, distributes or sells any drug, medicine, or other abortifacient or anything specially designed to terminate a pregnancy and:

(1) he knows it to be an abortifacient or something specially designed to terminate a pregnancy; or

(2) he reasonably believes it will be used as an abortifacient or to terminate a pregnancy.

(b) Subsection (a) does not apply to any gift, distribution, or sale to a physician or a licensed pharmacist or to an intermediary in a chain of distribution to physicians or pharmacists, nor to any gift, distribution, or sale made upon the prescription of a physician.

(c) The defendant has the burden of injecting the issue of lawful distribution under subsection (b).

(d) Distributing abortifacients is a class A misdemeanor.

History: 1979, PL 16-43 § 2.

Research Guide: MPCC 13.120.