Idaho Defense of Life Act

Under Idaho law, “Abortion” is NOT defined as:

  • The use of an intrauterine device or birth control pill to inhibit or prevent ovulations, fertilization, or the implantation of a fertilized ovum within the uterus
  • The removal of a dead unborn child; “D and C” following natural miscarriage
  • The removal of an ectopic or molar pregnancy
  • The treatment of a woman who is no longer pregnant

DOLA holds responsible every person who performs or attempts to perform an abortion commits the crime of criminal abortion. Criminal abortion shall be a felony punishable by a sentence of imprisonment of no less than two (2) years and no more than five (5) years in prison. The professional license of any health care professional who performs or attempts to perform an abortion or who assists in performing or attempting to perform an abortion in violation of this subsection shall be suspended by the appropriate licensing board for a minimum of six (6) months upon a first offense and shall be permanently revoked upon a subsequent offense.

EXCEPTIONS to DOLA:

1. To prevent the death of the mother or serious risk of substantial and irreversible damage to bodily function

The physician determined, in his good faith medical judgment and based on the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman. No abortion shall be deemed “necessary” to prevent the death of the pregnant woman because the physician believes that the woman may or will take action to harm herself.

2. In cases of rape or incest that have been reported to law enforcement

The abortion was performed or attempted by a physician as defined in this chapter; during the first trimester of pregnancy and: If the woman is not a minor or subject to a guardianship then, prior to the performance of the abortion, the woman has reported the act of rape or incest to a law enforcement agency that she is the victim of an act of rape or incest and provided a copy of such report to the physician who is to perform the abortion;. The copy of the report shall remain a confidential part of the woman’s medical record subject to applicable privacy laws; or If the woman is a minor or subject to a guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported the act of rape or incest to a law enforcement agency or child protective services that she is the victim of an act of rape or incest and a copy of such report has been provided to the physician who is to perform the abortion; and. The copy of the report shall remain a confidential part of the woman’s medical record subject to applicable privacy laws. If a report concerning an act of rape or incest is made to a law enforcement agency or child protective services pursuant to subsection of this section, then the person who made the report shall, upon request, be entitled to receive a copy of such report within seventy-two (72) hours of the report being made, provided that the report may be redacted as necessary to avoid interference with an investigation.

Full Text of the Law

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