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K.S.A. 21-5419

Application of certain crimes to an unborn child

Applied in 2 court decisions — leading case Castro v. Melchor (2016)

Most recently applied in United States v. Adams (July 2022)

L. 2010, ch. 136, § 54; July 1, 2011.

(a) As used in this section:

(1) "Abortion" means an abortion as defined by K.S.A. 65-6701 , and amendments thereto; and

(2) "unborn child" means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth.

(b) This section shall not apply to:

(1) Any act committed by the mother of the unborn child;

(2) any medical procedure, including abortion, performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian; or

(3) the lawful dispensation or administration of lawfully prescribed medication.

(c) As used in K.S.A. 21-5401 , 21-5402 , 21-5403 , 21-5404 , 21-5405 , 21-5406 and subsections (a) and (b) of 21-5413 , and amendments thereto, "person" and "human being" also mean an unborn child.

(d) This section shall be known as Alexa's law.

Official source: Kansas Office of Revisor of Statutes. Reproduced from public-domain Kansas statutes; confirm against the official source for the current text. Not legal advice.