{"data":{"id":"us-ar/ark.-code-ann.-20-16-1402","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 20-16-1402","heading":"Definitions","body":"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 as the result of natural causes in utero, 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) \"Fertilization\" means the fusion of a human spermatozoon with a human ovum; (4) (A) \"Medical emergency\" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy: (i) Without first determining post-fertilization age to avert the death of the pregnant woman; or (ii) For which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. (B) \"Medical emergency\" does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function; (5) \"Physician\" means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state; (6) \"Post-fertilization age\" means the age of the unborn child as calculated from the fertilization of the human ovum; (7) \"Probable post-fertilization age of the unborn child\" means what, in reasonable medical judgment, will, with reasonable probability, be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced; (8) \"Reasonable medical judgment\" means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved; (9) \"Unborn child\" means an individual organism of the species Homo sapiens from fertilization until live birth; and (10) \"Woman\" means a female human being whether or not she has reached the age of majority. Added by Act 2013, No. 171,§ 1, eff. 2/28/2013.\n\nAs used in this subchapter:\n\n(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 as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and (B) Which causes the premature termination of the pregnancy;\n\n(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 as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and\nof the pregnancy;\n\n(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 as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and\n\n(i) Increase the probability of a live birth;\n\n(ii) Preserve the life or health of the child after live birth; or\n\n(iii) Remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child; and\n\n(B) Which causes the premature termination of the pregnancy;\n\n(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;\n\n(3) \"Fertilization\" means the fusion of a human spermatozoon with a human ovum;\n\n(4) (A) \"Medical emergency\" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy: (i) Without first determining post-fertilization age to avert the death of the pregnant woman; or (ii) For which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. (B) \"Medical emergency\" does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;\n\n(A) \"Medical emergency\" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy: (i) Without first determining post-fertilization age to avert the death of the pregnant woman; or (ii) For which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.\n\n(i) Without first determining post-fertilization age to avert the death of the pregnant woman; or\n\n(ii) For which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.\n\n(B) \"Medical emergency\" does not include a condition based on a claim or diagnosis that a pregnant woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function;\n\n(5) \"Physician\" means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state;\n\n(6) \"Post-fertilization age\" means the age of the unborn child as calculated from the fertilization of the human ovum;\n\n(7) \"Probable post-fertilization age of the unborn child\" means what, in reasonable medical judgment, will, with reasonable probability, be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced;\n\n(8) \"Reasonable medical judgment\" means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;\n\n(9) \"Unborn child\" means an individual organism of the species Homo sapiens from fertilization until live birth; and\nhe time the abortion is planned to be performed or induced;\n\n(8) \"Reasonable medical judgment\" means a medical judgment that would be made by a reasonably prudent physician knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;\n\n(9) \"Unborn child\" means an individual organism of the species Homo sapiens from fertilization until live birth; and\n\n(10) \"Woman\" means a female human being whether or not she has reached the age of majority.","path":["AR Code","Title 20","Chapter 16","Subchapter 14"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"184cab305317c78da59f59b92efad7cc731304096be204ac5efc294caaeb28ad","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-20-16-1401","next":"us-ar/ark.-code-ann.-20-16-1403"},"notice":"GroundRules: Original legal text. Not legal advice."}