Preborn Child Protection Act

North Dakota House Bill 1242

introduced January 10, 2003

ALERT: A hearing on HB 1242 is scheduled before the House Judiciary Committee at the State Capitol in Bismarck on Wednesday, February 12th at 8:00 a.m.


Fifty-eighth Legislative Assembly  of North Dakota


Introduced by Representative Sandvig, Senator Thane

A BILL for an Act to create and enact a new section to chapter 12.1-16 and a new section to Chapter 43-17 of the North Dakota Century Code, relating to the protection of a preborn child and the duty of physicians; and to provide a penalty.


SECTION 1. A new section to chapter 12.1-16 of the North Dakota Century Code is created and enacted as follows:

Terminating human life - Preborn children. A person is guilty of a class AA felony if the person intentionally destroys or terminates the life of a preborn child. For the purpose of this section, "preborn child" includes a human being from the moment of fertilization until the moment of birth.

SECTION 2. A new section to chapter 43-17 of the North Dakota Century Code is created and enacted as follows:

Duty of physicians treating pregnant women. Any physician licensed under this chapter who provides health care to pregnant women shall, in all cases, make every effort to preserve both the life of the mother and the life of the preborn child. Medical treatment provided to the mother by a licensed physician which may result in accidental or unintentional injury or death of the preborn child is not a violation of this section. In addition to any penalty imposed under section 1 of this Act, a physician who violates this section is also subject to license revocation under this chapter.

An exact replica of HB 1242 is available on the North Dakota Legislative Council website.

North Dakota residents:
call your legislators toll-free at
to express your support for HB 1242.