Abortion and Kindred Offenses.
§ 14‑44. Using drugs or instruments to destroy unborn child.
If any person shall willfully administer to any woman, either pregnant or quick with child, or prescribe for any such woman, or advise or procure any such woman to take any medicine, drug or other substance whatever, or shall use or employ any instrument or other means with intent thereby to destroy such child, he shall be punished as a Class H felon. (1881, c. 351, s. 1; Code, s. 975; Rev., s. 3618; C.S., s. 4226; 1967, c. 367, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c 179, s. 14.)
§ 14‑44.1. Providing or advertising abortion‑inducing drugs to pregnant woman.
(a) Offense. – All of the following are unlawful:
(1) For any individual within the State, including a physician, an employee or contractor of a physician's office or clinic, or other abortion provider, or organization within the State, including a physician's office or clinic or other abortion provider, to mail, provide, or supply an abortion‑inducing drug directly to a pregnant woman in violation of G.S. 90‑21.83A(b)(2)a. Lack of knowledge or intent that the abortion‑inducing drug will be administered outside the physical presence of a physician shall not be a defense to a violation of this subdivision.
(2) For any manufacturer or supplier of an abortion‑inducing drug to ship or cause to be shipped any abortion‑inducing drug directly to a pregnant woman in violation of G.S. 90‑21.83A(b)(2)a. Lack of knowledge or intent that the abortion‑inducing drug will be administered outside the physical presence of a physician shall not be a defense to a violation of this subdivision.
(3) For any individual or organization to purchase or otherwise procure an advertisement, host or maintain an internet website, or provide an internet service purposefully directed to a pregnant woman who is a resident of this State when the individual or organization knows that the purpose of the advertisement, website, or internet service is solely to promote the sale of an abortion‑inducing drug to be administered to a woman in violation of G.S. 90‑21.83A(b)(2)a.
(b) Punishment. – An individual or organization who violates this section commits an infraction as defined in G.S. 14‑3.1 and is subject to a fine of five thousand dollars ($5,000) per violation.
(c) Definitions. – The following definitions apply in this section:
(1) Abortion‑inducing drug. – As defined in G.S. 90‑21.81(1a).
(2) Organization. – As defined in G.S. 15A‑773(c). (2023‑14, s. 1.3.)
§ 14‑45. Using drugs or instruments to produce miscarriage or injure pregnant woman.
If any person shall administer to any pregnant woman, or prescribe for any such woman, or advise and procure such woman to take any medicine, drug or anything whatsoever, with intent thereby to procure the miscarriage of such woman, or to injure or destroy such woman, or shall use any instrument or application for any of the above purposes, he shall be punished as a Class I felon. (1881, c. 351, s. 2; Code, s. 976; Rev., s. 3619; C.S., s. 4227; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14.)
§ 14‑45.1. Repealed by Session Laws 2023‑14, s. 1.1, effective July 1, 2023.
§ 14‑46. Concealing birth of child.
If any person shall, by secretly burying or otherwise disposing of the dead body of a newborn child, endeavor to conceal the birth of such child, such person shall be punished as a Class I felon. Any person aiding, counseling or abetting any other person in concealing the birth of a child in violation of this statute shall be guilty of a Class 1 misdemeanor. (21 James 1, c. 27; 43 Geo. III, c. 58, s. 3; 9 Geo. IV, c. 31, s. 14; 1818, c. 985, P.R.; R.C., c. 34, s. 28; 1883, c. 390; Code, s. 1004; Rev., s. 3623; C.S., s. 4228; 1977, c. 577; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, ss. 24, 1148; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14‑46.1. Prohibit sale of the remains of an unborn child resulting from an abortion or miscarriage.
(a) No person shall sell the remains of an unborn child resulting from an abortion or a miscarriage or any aborted or miscarried material.
(b) For purposes of this section, the term "sell" shall mean the transfer from one person to another in exchange for any consideration whatsoever. The term shall not include payment for incineration, burial, cremation, or any services performed pursuant to G.S. 130A‑131.10(f).
(c) A person convicted of a violation of this section is guilty of a Class I felony. (2015‑265, s. 2.)