Ark. Code Ann. » Title 5 Chapter 61
Arkansas Code Annotated

Ark. Code Ann. § 5-61-101 (2026)

Abortion only by licensed physician

✓ current as of May 2026
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  1. It is unlawful for any person to induce another person to have an abortion or to knowingly terminate the pregnancy of a woman known to be pregnant with the purpose to cause fetal death unless the person is a physician licensed to practice medicine in the State of Arkansas.
  2. A violation of subsection (a) of this section is a Class D felony.
  3. This section does not allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.

History. Acts 1983, No. 715, §§ 1, 2; A.S.A. 1947, § 41-2561; Acts 1999, No. 1273, § 4; 2017, No. 383, § 1.

Amendments. The 2017 amendment substituted “physician” for “medical practitioner” in the section heading; in (a), substituted “knowingly” for “willfully”, “purpose” for “intent”, and “is a physician licensed” for “is licensed”; substituted “A violation” for “Violation” in (b); and substituted “This section does not” for “Nothing in this section shall be construed to” in (c).

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1997–2021 · leading case: Mazurek v. Armstrong, 520 U.S. 968 (1997).
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Mazurek v. Armstrong, 520 U.S. 968 (1997). · cites it 2× “010(a)(1) (1996); Ark. Code Ann. § 5-61-101 (a) (1993); id.”
Hopkins v. Jegley, 267 F. Supp. 3d 1024 (E.D. Ark. 2017). · cites it 2× “Ark. Code Ann. § 5-61-101 (crime for anyone other than licensed physician to perform abortion); Ark.”
Jennie McCormack v. Mark Hiedeman, 694 F.3d 1004 (9th Cir. 2012). “289 (liability for "assault of an unborn child” does not apply to actions "committed by a pregnant woman against herself and her own unborn child”); Ark.Code Ann. §§ 5-61-101(c), 5-61-102(c) ("Nothing in this section shall be construed to allow the charging or conviction of a…”
Little Rock Fam. Plan. Servs. v. Rutledge (E.D. Ark. 2019). · cites it 11× “See Ark. Code Ann. § 5-61-101 (a). 269. The Arkansas Medical Practices Act and Regulations expressly state that “[n]o person shall be granted a license to practice medicine in the State of Arkansas unless he or she .”
Little Rock Fam. Plan. Servs. v. Rutledge (E.D. Ark. 2019). · cites it 7× “See Ark. Code Ann. § 5-61-101 (a). 261. Additionally, any woman in Arkansas seeking an abortion must be evaluated via a medical history, a physical examination, counseling, and laboratory tests.”
Hopkins v. Jegley (E.D. Ark. 2020). · cites it 2× “Ark. Code Ann. § 5-61-101 (crime for anyone other than licensed physician to perform abortion); Ark.”
Hopkins v. Jegley (E.D. Ark. 2021). · cites it 2× “Ark. Code Ann. § 5-61-101 (crime for anyone other than licensed physician to perform abortion); Ark.”
— Ark. Code Ann. § 5-61-101(c) — 1 case
Jennie McCormack v. Mark Hiedeman, 694 F.3d 1004 (9th Cir. 2012). “289 (liability for "assault of an unborn child” does not apply to actions "committed by a pregnant woman against herself and her own unborn child”); Ark.Code Ann. §§ 5-61-101(c), 5-61-102(c) ("Nothing in this section shall be construed to allow the charging or conviction of a…”
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