Kentucky Revised Statutes

Ky. Rev. Stat. § 311.772 (2026)

Definitions for section -- Prohibition against intentional termination of life

✓ current as of May 2026

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of an unborn human being -- When section takes effect -- Penalties not to apply to pregnant woman -- Contraception -- Appropriation of Medicaid funds. (1) As used in this section: (a) "Fertilization" means that point in time when a male human sperm penetrates the zona pellucida of a female human ovum; (b) "Pregnant" means the human female reproductive condition of having a living unborn human being within her body throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth; and (c) "Unborn human being" means an individual living member of the species homo sapiens throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth. (2) The provisions of this section shall become effective immediately upon, and to the extent permitted, by the occurrence of any of the following circumstances: (a) Any decision of the United States Supreme Court which reverses, in whole or in part, Roe v. Wade, 410 U.S. 113 (1973), thereby restoring to the Commonwealth of Kentucky the authority to prohibit abortion; or (b) Adoption of an amendment to the United States Constitution which, in whole or in part, restores to the Commonwealth of Kentucky the authority to prohibit abortion. (3) (a) Except as provided in KRS 311.723, no person may knowingly: 1. Administer to, prescribe for, procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being; or 2. Use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being. (b) Any person who violates paragraph (a) of this subsection shall be guilty of a Class D felony. (4) The following shall not be a violation of subsection (3) of this section: (a) For a licensed physician to perform a medical procedure necessary in reasonable medical judgment to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of the unborn human being in a manner consistent with reasonable medical practice; or (b) Medical treatment provided to the mother by a licensed physician which results in the accidental or unintentional injury or death to the unborn human being. (5) Nothing in this section may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty. (6) Nothing in this section may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug, or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions. (7) The provisions of this section shall be effective relative to the appropriation of Medicaid funds, to the extent consistent with any executive order by the President of the United States, federal statute, appropriation rider, or federal regulation that sets forth the limited circumstances in which states must fund abortion to remain eligible to receive federal Medicaid funds pursuant to 42 U.S.C. sec. 1396 et seq. Effective: March 27, 2025 History: Amended 2025 Ky. Acts ch. 121, sec. 22, effective March 27, 2025. -- Created 2019 Ky. Acts ch. 152, sec. 1, effective June 27, 2019. Legislative Research Commission Note (3/27/2025). 2025 Ky. Acts ch. 121, sec. 25, provides that the Act, which amended this statute, may be cited as the Love Them Both Act of 2025. Legislative Research Commission Note (6/27/2019). 2019 Ky. Acts ch. 152, sec. 2 provides that 2019 Ky. Acts ch. 152 may be cited as the "Human Life Protection Act." This statute was created in Section 1 of that Act.

Notes of Decisions

Cited in 7 cases (7 in the last 5 years), 2022–2025 · leading case: Daniel Cameron, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2023).

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Daniel Cameron, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2023). · cites it 15× “KRS 311.772; KRS 311.7706. In Kentucky, class D felonies carry a penalty of one to five years in prison.”

Planned Parenthood Great Nw., Hawaii, Alaska, Indiana & Kentucky, Inc. v. Cameron (W.D. Ky. 2022). · cites it 2× “22-CI-003225 regarding the enforcement of KRS 311.772 (“Trigger Ban”) and KRS 311.7701–11 (“Six-Week Ban”) both seeking to ban certain abortion services in the Commonwealth.”

Sisters for Life, Inc. v. Louisville-Jefferson Cnty. Metro Gov't (W.D. Ky. 2024). · cites it 2× “Ky. Rev. Stat. § 311.772(2). On December 21, 2022, the Sixth Circuit reversed the denial of Plaintiffs’ preliminary injunction, finding that Plaintiffs had shown a likelihood of success on the merits for their First Amendment claim.”

Lisa Sobel v. Russell Coleman, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky (Ky. Ct. App. 2025). · cites it 2× “” KRS 311.772(1)(c). Other sections of KRS Chapter 311 also define an unborn child the same way.”

Sisters for Life, Inc. v. Louisville-Jefferson Cnty. Metro Gov't (W.D. Ky. 2025). · cites it 2× “Ky. Rev. Stat. § 311.772(2). On December 21, 2022, the Sixth Circuit reversed the denial of Plaintiffs’ preliminary injunction, finding that Plaintiffs had shown a likelihood of success on the merits for their First Amendment claim.”

Daniel Cameron, in His Off. Capcity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2022). “In addition to the arguments already raised in that motion, the briefs shall also address the application of KRS 311.772 and KRS 311.7701-7711 in light of the General Assembly’s enactment of HB 3 in 2022, a bill amending KRS 311.”

Lawrence Miller, Jr. v. Brittany Bunch, Adm'x of the Est. of Autumn Raine Bunch (Ky. 2022). “781(9), effective January 9, 2017, which defines “Unborn child” to mean “an individual organism of the species homo sapiens from fertilization until live birth”; and KRS 311.772(1)(c), effective June 27, 2019, which defines “Unborn human being” as “an individual living member of…”

— Ky. Rev. Stat. § 311.772(1)(c) — 3 cases

Daniel Cameron, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2023). “KRS 311.772; KRS 311.7706. In Kentucky, class D felonies carry a penalty of one to five years in prison.”

Lisa Sobel v. Russell Coleman, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky (Ky. Ct. App. 2025). “” KRS 311.772(1)(c). Other sections of KRS Chapter 311 also define an unborn child the same way.”

— Ky. Rev. Stat. § 311.772(2) — 2 cases

Sisters for Life, Inc. v. Louisville-Jefferson Cnty. Metro Gov't (W.D. Ky. 2024). “Ky. Rev. Stat. § 311.772(2). On December 21, 2022, the Sixth Circuit reversed the denial of Plaintiffs’ preliminary injunction, finding that Plaintiffs had shown a likelihood of success on the merits for their First Amendment claim.”

Sisters for Life, Inc. v. Louisville-Jefferson Cnty. Metro Gov't (W.D. Ky. 2025). “Ky. Rev. Stat. § 311.772(2). On December 21, 2022, the Sixth Circuit reversed the denial of Plaintiffs’ preliminary injunction, finding that Plaintiffs had shown a likelihood of success on the merits for their First Amendment claim.”

— Ky. Rev. Stat. § 311.772(2)(a) — 1 case

Daniel Cameron, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2023). “KRS 311.772; KRS 311.7706. In Kentucky, class D felonies carry a penalty of one to five years in prison.”

— Ky. Rev. Stat. § 311.772(3)(a) — 1 case

Daniel Cameron, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2023). “KRS 311.772; KRS 311.7706. In Kentucky, class D felonies carry a penalty of one to five years in prison.”

— Ky. Rev. Stat. § 311.772(3)(b) — 1 case

Daniel Cameron, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2023). “KRS 311.772; KRS 311.7706. In Kentucky, class D felonies carry a penalty of one to five years in prison.”

— Ky. Rev. Stat. § 311.772(4) — 1 case

Daniel Cameron, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2023). “KRS 311.772; KRS 311.7706. In Kentucky, class D felonies carry a penalty of one to five years in prison.”

— Ky. Rev. Stat. § 311.772(4)(a) — 3 cases

Daniel Cameron, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2023). “KRS 311.772; KRS 311.7706. In Kentucky, class D felonies carry a penalty of one to five years in prison.”

Planned Parenthood Great Nw., Hawaii, Alaska, Indiana & Kentucky, Inc. v. Cameron (W.D. Ky. 2022). “22-CI-003225 regarding the enforcement of KRS 311.772 (“Trigger Ban”) and KRS 311.7701–11 (“Six-Week Ban”) both seeking to ban certain abortion services in the Commonwealth.”

— Ky. Rev. Stat. § 311.772(4)(b) — 1 case

Daniel Cameron, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2023). “KRS 311.772; KRS 311.7706. In Kentucky, class D felonies carry a penalty of one to five years in prison.”

— Ky. Rev. Stat. § 311.772(5) — 1 case

Daniel Cameron, in His Off. Capacity as Attorney Gen. of the Commonwealth of Kentucky v. Emw Women's Surgical Ctr., P.S.C., on Behalf of Itself, Its Staff & Its Patients (Ky. 2023). “KRS 311.772; KRS 311.7706. In Kentucky, class D felonies carry a penalty of one to five years in prison.”

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