{"data":{"id":"us-ms/miss.-code-ann.-41-41-73","jurisdiction":"us-ms","citation":"Miss. Code Ann. § 41-41-73","heading":"Miss. Code Ann. § 41-41-73","body":"(1) Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Twenty-five Thousand Dollars ($25,000.00) or imprisoned in the State Penitentiary for not more than two (2) years, or both. This subsection shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury if no other medical procedure would suffice for that purpose.\n\n(2)(a) As used in this section, “partial-birth abortion” means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.\n\n(b) As used in this section, “physician” means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State of Mississippi. However, any individual who is not a physician but who nevertheless directly performs a partial-birth abortion shall be subject to the provisions of this section.\n\n(3)(a) The husband of a mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of eighteen (18) years at the time of the abortion, the mother's parents may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.\n\n(b) Such relief shall include:\n\n(i) Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and\n\n(ii) Statutory damages equal to three (3) times the cost of the partial-birth abortion.\n\n(4) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for a conspiracy to violate this section.","path":["MS Code","Title 41"],"source_url":"https://legislature.ms.gov/","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:17Z","sha256":"8b6c9c7d81359ed97eb541c7d7f9285ffa11587ae2809585f220eabe37a006ca","source_id":"us-ms","stale":false,"prev":"us-ms/miss.-code-ann.-41-41-71","next":"us-ms/miss.-code-ann.-41-41-75"},"notice":"GroundRules: Original legal text. Not legal advice."}