Indiana Code

Ind. Code § 16-34-2-7 (2026)

Performance of unlawful abortion; offense

✓ current as of May 2026

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Sec. 7. (a) Except as provided in subsections (b) and (c), a person who knowingly or intentionally performs an abortion prohibited by section 1 of this chapter commits a Level 5 felony.

(b) A physician who performs an abortion intentionally or knowingly in violation of section 1(a)(1)(D) or 4 of this chapter commits a Class A misdemeanor.

(c) A person who knowingly or intentionally performs an abortion in violation of section 1.1 of this chapter commits a Class A infraction.

(d) A woman upon whom a partial birth abortion is performed may not be prosecuted for violating or conspiring to violate section 1(b) of this chapter.

(e) A woman upon whom a dismemberment abortion is performed may not be prosecuted for violating or conspiring to violate section 1(c) of this chapter.

[Pre-1993 Recodification Citation: 35-1-58.5-4.]

As added by P.L.2-1993, SEC.17. Amended by P.L.187-1995, SEC.6; P.L.145-1997, SEC.4; P.L.158-2013, SEC.235; P.L.93-2019, SEC.5; P.L.179-2022(ss), SEC.28.

Notes of Decisions

Cited in 17 cases (5 in the last 5 years), 1999–2025 · leading case: Purvi Patel v. State of Indiana, 60 N.E.3d 1041 (Ind. Ct. App. 2016).

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Purvi Patel v. State of Indiana, 60 N.E.3d 1041 (Ind. Ct. App. 2016). · cites it 6× “Ind.Code § 16-34-2-7. And just this year, the legislature enacted a provision exempting pregnant women from prosecution for abortions performed solely because of the fetus’s sex, race, color, national origin, or ancestry, as well as for abortions performed solely because of…”

EMW Women's Surgical Ctr. v. Eric Friedlander, 960 F.3d 785 (6th Cir. 2020). · cites it 2× “; Ind. Code §§ 16-34-2-7 (a), 16-18-2- 96.4; Kan.”

Planned Parenthood of Indiana & Kentucky, Inc. v. Comm'r, Indiana State Dep't of Health, 258 F. Supp. 3d 929 (S.D. Ind. 2017). · cites it 4× “It is clear that the statutory provisions at issue qualify as penal' statutes under prevailing law, given that any physician who performs an abortion on an unemancipated minor without obtaining proper identification and documentation from her parent and executing an affidavit is…”

Planned Parenthood of Indiana & Kentucky, Inc. v. Comm'r, Indiana State Dep't of Health, 265 F. Supp. 3d 859 (S.D. Ind. 2017). · cites it 2× “See Ind. Code § 16-34-2-7 (a). Moreover, HEA 1337 provides that “[a] person who knowingly or intentionally performs an abortion in violation of this chapter may be subject to: (1) disciplinary sanctions under IC 25-1-9; and (2) civil liability for wrongful death.”

Bernard v. Individual Members of the Ind. Med. Licensing Bd., 392 F. Supp. 3d 935 (S.D. Ind. 2019). · cites it 2× “Effective July 1, 2019, "knowingly or intentionally" performing a "dismemberment abortion" will be a Level 5 felony, see Ind. Code § 16-34-2-7 (a), punishable by up to six years' imprisonment and a $10,000 fine, id.”

Planned Parenthood of Indiana & Kentucky, Inc. v. Comm'r, 194 F. Supp. 3d 818 (S.D. Ind. 2016). · cites it 2× “See Ind. Code § 16-34-2-7 (a). Moreover, HEA 1337 provides that “[a] person who knowingly or intentionally performs an abortion in violation of this chapter may be subject to: (1) disciplinary sanctions under - IC 25-1-9; and (2) civil liability for wrongful death.”

Angelique Lockett & Lanetra Lockett v. Planned Parenthood of Indiana, Inc., & Cathy McGee, 42 N.E.3d 119 (Ind. Ct. App. 2015). · cites it 2× “Indiana Code section 16-34-2-7 provides: (a) Except as provided in subsections (b)and (c), a person who knowingly or intentionally performs an abortion not expressly provided for in this chapter commits a Class C felony.”

Planned Parenthood of Indiana v. Jerome Adams, 937 F.3d 973 (7th Cir. 2019). “17-2428 Ind. Code § 16-34-2-7 (b) (physician who intentionally or knowingly performs abortion in violation of Ind.”

Hope Clinic v. Ryan, 195 F.3d 857 (7th Cir. 1999). “Although the maximum penalty in Indiana is not steep (an unjustified partial-birth abortion there is a Class C felony, Ind.Code § 16-34-2-7(a), for which the punishment is four years’ imprisonment, Ind.”

All-options, Inc. v. Attorney Gen. of Indiana (S.D. Ind. 2021). · cites it 2× “Ind. Code §§ 16-34-2-7 , 35- 50-2-6(b), 34-28-5-4(a), 25-1-9-4(a)(3), 16-21-3-2(2).”

Planned Parenthood Great Nw., Hawai'i, Alaska, Indiana, Kentucky, Inc. v. Members of the Med. Licensing Bd. of Indiana (Ind. Ct. App. 2025). · cites it 2× “2 Indiana Code section 16-34-2-7(a) generally provides that “a person who knowingly or intentionally performs an abortion prohibited by [section 16-34-2-1] commits a Level 5 felony.”

Planned Parenthood of Indiana v. Jerome Adams (7th Cir. 2019). “17-2428 Ind. Code § 16-34-2-7 (b) (physician who intentionally or knowingly performs abortion in violation of Ind.”

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— Ind. Code § 16-34-2-7(a) — 2 cases

Planned Parenthood Great Nw., Hawai'i, Alaska, Indiana, Kentucky, Inc. v. Members of the Med. Licensing Bd. of Indiana (Ind. Ct. App. 2025). “2 Indiana Code section 16-34-2-7(a) generally provides that “a person who knowingly or intentionally performs an abortion prohibited by [section 16-34-2-1] commits a Level 5 felony.”

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