Ohio § 2919.151

§ 2919.151.

(A) As used in this section: (1) “ From the body of the mother ” means that the portion of the fetus' body in question is beyond the mother's vaginal

introitus in a vaginal delivery. (2) “ Partial birth procedure ” means the medical procedure that includes all of the following elements in sequence: (a) Intentional dilation of the cervix of a pregnant woman, usually over a sequence of

days; (b) In a breech presentation, intentional extraction of at least the lower torso to the

navel, but not the entire body, of an intact fetus from the body of the mother, or

in a cephalic presentation, intentional extraction of at least the complete head,

but not the entire body, of an intact fetus from the body of the mother; (c) Intentional partial evacuation of the intracranial contents of the fetus, which procedure

the person performing the procedure knows will cause the death of the fetus, intentional

compression of the head of the fetus, which procedure the person performing the procedure

knows will cause the death of the fetus, or performance of another intentional act

that the person performing the procedure knows will cause the death of the fetus; (d) Completion of the vaginal delivery of the fetus. (3) “ Partially born ” means that the portion of the body of an intact fetus described in division (A)(3)(b)

of this section has been intentionally extracted from the body of the mother. (4) “ Serious risk of the substantial and irreversible impairment of a major bodily function ” means any medically diagnosed condition that so complicates the pregnancy of the

woman as to directly or indirectly cause the substantial and irreversible impairment

of a major bodily function. (5) “Viable” has the same meaning as in section 2901.01 of the Revised Code . (B) When the fetus that is the subject of the procedure is viable, no person shall knowingly

perform a partial birth procedure on a pregnant woman when the procedure is not necessary,

in reasonable medical judgment, to preserve the life or health of the mother as a

result of the mother's life or health being endangered by a serious risk of the substantial

and irreversible impairment of a major bodily function. (C) When the fetus that is the subject of the procedure is not viable, no person shall

knowingly perform a partial birth procedure on a pregnant woman when the procedure

is not necessary, in reasonable medical judgment, to preserve the life or health of

the mother as a result of the mother's life or health being endangered by a serious

risk of the substantial and irreversible impairment of a major bodily function. (D) Whoever violates division (B) or (C) of this section is guilty of partial birth feticide,

a felony of the second degree. (E) A pregnant woman upon whom a partial birth procedure is performed in violation of

division (B) or (C) of this section is not guilty of committing, attempting to commit,

complicity in the commission of, or conspiracy in the commission of a violation of

those divisions. (F) This section does not prohibit the suction curettage procedure of abortion or the

suction aspiration procedure of abortion. (G) This section does not apply to any person who performs or attempts to perform a legal

abortion if the act that causes the death of the fetus is performed prior to the fetus

being partially born even though the death of the fetus occurs after it is partially

born.