Section 940.16. Partial-birth abortion.

 

(1)  In this section:

(a) “Child" means a human being from the time of fertilization until it is completely delivered from a pregnant woman.

(b) “Partial-birth abortion" means an abortion in which a person partially vaginally delivers a living child, causes the death of the partially delivered child with the intent to kill the child, and then completes the delivery of the child.

(2)  Except as provided in sub. (3) , whoever intentionally performs a partial-birth abortion is guilty of a Class A felony.

(3)   Subsection (2) does not apply if the partial-birth abortion is necessary to save the life of a woman whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical disorder, physical illness or physical injury caused by or arising from the pregnancy itself, and if no other medical procedure would suffice for that purpose.

1997 a. 219 . A Nebraska statute that provided that no partial birth abortion can be performed unless it is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury is unconstitutional. Stenberg v. Carhart, 530 U.S. 949 , 147 L. Ed. 2d 743 (2000). Enforcement of this section is enjoined under Carhart. Hope Clinic v. Ryan, 249 F.3d 603 (2001).