Code of Alabama

Ala. Code § 26-23-3 (2026)

Felony Conviction.

✓ official Alabama Legislature (ALISON) text, current July 2026

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Any physician who knowingly performs a partial-birth abortion within this state and thereby kills a human fetus shall be guilty of a Class C felony and upon conviction thereof shall be punished as prescribed by law.

(Acts 1997, No. 97-485, p. 843, §3.)

Notes of Decisions

Cited in 6 cases, 1998–2014 · leading case: Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).

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Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998). · cites it 6× “” § 26-23-2(3). Neither the term “partial-birth abortion,” nor the foregoing definition, is generally accepted in the medical community.”

Ankrom v. State, 152 So. 3d 373 (Ala. Crim. App. 2011). · cites it 3× “Ankrom specifically points to § 26-23-3, Ala.Code 1975, as an example to support her argument.”

Summit Med. Assocs., P.C. v. Siegelman, 130 F. Supp. 2d 1307 (M.D. Ala. 2001). · cites it 4× “See 1975 Ala. Code § 26-23-3 . A physician convicted under the provision may face revocation of his or her professional license.”

Summit Med. Assocs., P.C. v. Pryor, 180 F.3d 1326 (11th Cir. 1999). “The partial-birth abortion statute prohibits any physician from “knowingly” performing a “partial-birth abortion,” 2 Ala.Code § 26-23-3, defined as “[a]n abortion in which the person performing the abortion partially vaginally delivers a living fetus be *1330 fore killing the…”

Hicks v. State, 153 So. 3d 53 (Ala. 2014). “Hicks also argues that the legislature’s intended definition of the word “child” in the chemical-endangerment statute is evidenced by Alabama’s partial-birth-abortion statute, § 26-23-3, Ala.Code 1975, which refers to an unborn child as “a human fetus” as opposed to “a child.”

Summit Med. Assocs. v. James (11th Cir. 1999). “The partial-birth abortion statute prohibits any physician from “knowingly” performing a “partial-birth abortion,”2 Ala. Code § 26-23-3 , defined as “[a]n abortion in which 1 The effective dates of these statutes were August 1, 1997 and August 12, 1997, respectively.”

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