Mississippi Code
Miss. Code Ann. § 97-3-3 (2026)
Abortion; causing abortion or miscarriage
✓ current as of July 2026
- (1) Any person wilfully and knowingly causing, by means of any instrument, medicine, drug or other means whatever, any woman pregnant with child to abort or miscarry, or attempts to procure or produce an abortion or miscarriage shall be guilty of a felony unless the same were done by a duly licensed, practicing physician:
- (a) Where necessary for the preservation of the mother's life;
- (b) Where pregnancy was caused by rape.
Said person shall, upon conviction, be imprisoned in the State Penitentiary not less than one (1) year nor more than ten (10) years; provided, however, if the death of the mother results therefrom, the person procuring, causing or attempting to procure or cause the illegal abortion or miscarriage shall be guilty of murder.
- (2) No act prohibited in subsection (1) of this section shall be considered exempt under the provisions of paragraph (a) thereof unless performed upon the prior advice in writing, of two (2) reputable licensed physicians.
- (3) The license of any physician or nurse shall be automatically revoked upon conviction under the provisions of this section.
- (4) Nothing in this section shall be construed as conflicting with Section 41-41-73.
Codes, 1942, § 2223; Laws, 1952, ch. 260, §§ 1-3; Laws, 1966, ch. 358, § 1; Laws, 1997, ch. 350, § 3, eff. 7/1/1997.
Notes of Decisions
Cited in 12
cases (3 in the last 5 years), 1979–2024 · leading case: Pro-Choice Mississippi v. Fordice, 716 So. 2d 645 (Miss. 1998).
Pro-Choice Mississippi v. Fordice, 716 So. 2d 645 (Miss. 1998). “They argue that Miss. Code Ann. § 97-3-3 (1994), which makes a person criminally liable for performing an abortion, unless (a) necessary to preserve the mother's life, or (b) when the pregnancy was caused by rape, announces Mississippi's policy that abortion is not a protected…”
State v. Buckhalter, 119 So. 3d 1015 (Miss. 2013). “Miss.Code Ann. § 97-3-3(1) (Rev.2006). . Miss.”
66 Fed. Credit Union v. Tucker, 853 So. 2d 104 (Miss. 2003). “Following the example of the Supreme Court of Georgia and looking to our own Legislature's reasoning in this area, we adopt the standard as found in our criminal statute, Miss.”
Tatro v. State, 372 So. 2d 283 (Miss. 1979). “1973), we held that Section 1 of the Mississippi Abortion Statute [section 97-3-3 Mississippi Code Annotated (1972)] was constitutional with the exception of subsections (a) and (b) and let a conviction under the statute stand after declaring part of the criminal statute…”
Tarinika Smith v. Church Mut. Ins. Co., 254 So. 3d 57 (Miss. 2018). “Following the example of the Supreme Court of Georgia and looking to our own Legislature's reasoning in this area, we adopt the standard as found in our criminal statute, Miss. Code Ann. § 97-3-3 , which will permit recovery for the death of a child that is "quick" in the womb.”
Margaret S. v. Edwards, 488 F. Supp. 181 (E.D. La. 1980). “with intent to cause a miscarriage”), or fail to define abortion at all, Miss.Code Ann. § 97-3-3 (1972). 21 . Plaintiffs have raised no objection to the Act’s definition of viable: “potentially able to live outside of the womb of the mother upon premature birth whether resulting…”
State of Mississippi v. Nina Buckhalter (Miss. 2012). “State,9 the defendant was indicted for “willfully and feloniously kill[ing] and slay[ing] one John Turner, a human being, by culpable negligence.”
United States Conf. of Catholic Bishops v. Equal Emp. Opportunity Comm'n (W.D. La. 2024). “§ 41-41-45 ; Miss. Code Ann. § 97-3-3 . On May 22, 2024, the Bishops Plaintiffs filed their Complaint [Doc.”
State of Louisiana v. Equal Emp. Opportunity Comm'n (W.D. La. 2024). “§ 41-41-45 ; Miss. Code Ann. § 97-3-3 . On May 22, 2024, the Bishops Plaintiffs filed their Complaint [Doc.”
Pro-Choice Mississippi v. Kirk Fordice (Miss. 1995). “They argue that Miss. Code Ann. § 97-3-3 (1994), which makes a person criminally liable for performing an abortion, unless (a) necessary to preserve the mother's life, or (b) when the pregnancy was caused by rape, announces Mississippi's policy that abortion is not a protected…”
66 Fed. Credit Union v. Tracy Tucker (Miss. 2001). “Following the example of the Supreme Court of Georgia and looking to our own Legislature’s reasoning in this area, we adopt the standard as found in our criminal statute, Miss. Code Ann. § 97-3-3 , which will permit recovery for the death of a child that is “quick” in the womb.”
GenBioPro, Inc. v. Raynes (S.D.W. Va 2023). “, Miss. Code Ann. § 97-3-3 (1) (banning abortion with very limited exceptions).”
— Miss. Code Ann. § 97-3-3(1) — 1 case
State v. Buckhalter, 119 So. 3d 1015 (Miss. 2013). “Miss.Code Ann. § 97-3-3(1) (Rev.2006). . Miss.”
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