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.
