§61-2-8. Abortion; penalty.
Any person who shall administer to, or cause to be taken by,
a woman, any drug or other thing, or use any means, with intent to
destroy her unborn child, or to produce abortion or miscarriage,
and shall thereby destroy such child, or produce such abortion or
miscarriage, shall be guilty of a felony, and, upon conviction,
shall be confined in the penitentiary not less than three nor more
than ten years; and if such woman die by reason of such abortion
performed upon her, such person shall be guilty of murder. No
person, by reason of any act mentioned in this section, shall be
punishable where such act is done in good faith, with the intention
of saving the life of such woman or child.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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