Mississippi Code

Miss. Code Ann. § 41-41-45 (2026)

Abortion prohibited; exceptions

✓ current as of July 2026

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(1) As used in this section, the term "abortion" means the use or prescription of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth or to remove a dead fetus.

(2) No abortion shall be performed or induced in the State of Mississippi, except in the case where necessary for the preservation of the mother's life or where the pregnancy was caused by rape.

(3) For the purposes of this section, rape shall be an exception to the prohibition for an abortion only if a formal charge of rape has been filed with an appropriate law enforcement official.

(4) Any person, except the pregnant woman, who purposefully, knowingly or recklessly performs or attempts to perform or induce an abortion in the State of Mississippi, except in the case where necessary for the preservation of the mother's life or where the pregnancy was caused by rape, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than ten (10) years.

Laws, 2007, ch. 441, § 2, eff. 7/7/2022.

Certification Date: On June 27, 2022, the Attorney General of Mississippi issued her determination: (1) that the United States Supreme Court has overruled the decision of Roe v. Wade, and (2) that it is reasonably probable that Mississippi's trigger law would be upheld by the Court as constitutional.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2018–2024 · leading case: Jackson Women's Health Org. v. Currier, 349 F. Supp. 3d 536 (S.D. Miss. 2018).

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Jackson Women's Health Org. v. Currier, 349 F. Supp. 3d 536 (S.D. Miss. 2018). “See Miss. Code Ann. § 41-41-45 . See Jackson Women's Health Organization v.”

Planned Parenthood v. Kristin mayes/hazelrigg (Ariz. 2024). “” Miss. Code Ann. § 41-41-45 (2). Roe, of course, would have abrogated that ban.”

United States Conf. of Catholic Bishops v. Equal Emp. Opportunity Comm'n (W.D. La. 2024). “” See Miss. Code Ann. § 41-41-45 ; Miss. Code Ann.”

State of Louisiana v. Equal Emp. Opportunity Comm'n (W.D. La. 2024). “” See Miss. Code Ann. § 41-41-45 ; Miss. Code Ann.”

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