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NC General Statutes

N.C. Gen. Stat. § 14-45 (2026)

Using drugs or instruments to produce miscarriage or injure pregnant woman

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If any person shall administer to any pregnant woman, or prescribe for any such woman, or advise and procure such woman to take any medicine, drug or anything whatsoever, with intent thereby to procure the miscarriage of such woman, or to injure or destroy such woman, or shall use any instrument or application for any of the above purposes, he shall be punished as a Class I felon. (1881, c. 351, s. 2; Code, s. 976; Rev., s. 3619; C.S., s. 4227; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14.)

 

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1947–2024 · leading case: State v. Hoover, 113 S.E.2d 281 (N.C. 1960).
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State v. Hoover, 113 S.E.2d 281 (N.C. 1960). · cites it 9× “14-44 and G.S. 14-45 create two separate and distinct criminal offenses.”
Hallmark Clinic v. North Carolina Dep't of Human Resources, 380 F. Supp. 1153 (E.D.N.C. 1974). · cites it 4× “14-44 and G.S. 14-45, it shall not be unlawful, during the first 20 weeks of a woman's pregnancy, to advise, procure, or cause a miscarriage or abortion when the procedure is performed by a physician licensed to practice medicine in North Carolina in a hospital or clinic…”
Bryant v. Woodall, 363 F. Supp. 3d 611 (M.D.N.C. 2019). “1 (a) and related statutes, this court is left with the e-mail message from Defendant Roger Echols in which Echols states that he "won't initiate any criminal prosecutions arising out of the alleged violation of the 20-week abortion rule set out in NCGS 14-45 and 45.1 in Durham…”
Corkey v. Edwards, 322 F. Supp. 1248 (W.D.N.C. 1971). · cites it 2× “G.S. § 14-45 is virtually identical but the evil intent proscribed is to procure a miscarriage or injure or destroy the woman.”
State v. Mitchner, 124 S.E.2d 831 (N.C. 1962). · cites it 4× “Margaret Daniels testified: “A short time before she died, she said, ‘The last thing you all do, get that George Mitchner, because he said he was a doctor and knew what he was doing.”
State v. Lee, 103 S.E.2d 295 (N.C. 1958). “Defendant was indicted on a charge of attempting to produce an abortion by Joan Porter in violation of G.S. 14-45. Mrs. Porter testified that she employed defendant and paid him $35 to cause her to abort.”
State v. Jordon, 42 S.E.2d 674 (N.C. 1947). “2, now G. S. 14-45, condemns the administration of drugs to or performance of an operation upon a “pregnant woman .”
State v. Green, 53 S.E.2d 285 (N.C. 1949). · cites it 3× “4226, and G.S. 14-45, formerly C.S. 422*7. The distinction between the offenses to which these two statutes relate is pointed- out in this manner: In pertinent part G.”
Planned Parenthood South Atl. v. Stein, 742 F. Supp. 3d 472 (M.D.N.C. 2024). “§ 14-45. Outside the narrow exceptions, §§ 90-21.”
State v. Lenderman, 202 S.E.2d 787 (N.C. Ct. App. 1974). · cites it 2× “G.S. 14-45 proscribes the administering of ANY drug with the INTENT to produce a miscarriage (emphasis supplied).”
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