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Idaho Code § 5-334

Act or omission preventing abortion not actionable

Applied in 9 court decisions — leading case Reed v. Campagnolo (1993)

Most recently applied in 352 F. Supp. 3d 1012 - Rowlette v. Mortimer (October 2018)

I.C., § 5-334, as added by 1985, ch. 147, § 1, p. 394; am. 2010, ch. 235, § 1, p. 542.

How often courts cite this section

1988199020002010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A cause of action shall not arise, and damages shall not be awarded, on behalf of any person, based on the claim that but for the act or omission of another, a person would not have been permitted to have been born alive but would have been aborted.

(2) The provisions of this section shall not preclude causes of action based on claims that, but for a wrongful act or omission, fertilization would not have occurred, maternal death would not have occurred or disability, disease, defect or deficiency of an individual prior to birth would have been prevented, cured or ameliorated in a manner that preserved the health and life of the affected individual.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.