Ohio Rev. Code » Chapter 2903
Ohio Revised Code

Ohio Rev. Code § 2903.09 (2026)

Unlawful termination of another's pregnancy

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
March 22, 2019
Latest Legislation:
Senate Bill 145 - 132nd General Assembly
PDF:
Download Authenticated PDF
 

As used in sections 2903.01 to 2903.08, 2903.11 to 2903.14, 2903.21, and 2903.22 of the Revised Code:

(A) "Unlawful termination of another's pregnancy" means causing the death of an unborn member of the species homo sapiens, who is or was carried in the womb of another, as a result of injuries inflicted during the period that begins with fertilization and that continues unless and until live birth occurs.

(B) "Another's unborn" or "such other person's unborn" means a member of the species homo sapiens, who is or was carried in the womb of another, during a period that begins with fertilization and that continues unless and until live birth occurs.

(C) Notwithstanding divisions (A) and (B) of this section, in no case shall the definitions of the terms "unlawful termination of another's pregnancy," "another's unborn," and "such other person's unborn" that are set forth in division (A) of this section be applied or construed in any of the following manners:

(1) Except as otherwise provided in division (C)(1) of this section, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the actual consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence, but that does violate section 2919.12, division (B) of section 2919.13, or section 2919.15, 2919.151, 2919.17, or 2919.18 of the Revised Code, may be punished as a violation of section 2919.12, division (B) of section 2919.13, or section 2919.15, 2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.

(2) In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:

(a) Her delivery of a stillborn baby;

(b) Her causing, in any other manner, the death in utero of an unborn that she is carrying;

(c) Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is an unborn;

(d) Her causing her child who is born alive to sustain one or more injuries while the child is an unborn;

(e) Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other physiological impairment, regardless of its duration or gravity, or a mental illness or condition, regardless of its duration or gravity, to an unborn that she is carrying.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1997–2024 · leading case: State v. Alfieri, 724 N.E.2d 477 (Ohio Ct. App. 1998).
Sort: Relevance Newest Treatment
State v. Alfieri, 724 N.E.2d 477 (Ohio Ct. App. 1998). · cites it 4× “06(A), to encompass the unlawful termination of another’s pregnancy and that added new definitions to R.C. 2903.09. 2 She claims that the law, as amended, violates her rights to equal protection of the law, due process, and freedom from cruel and unusual punishment.”
State v. Bontrager, 2022 Ohio 1367 (Ohio Ct. App. 2022). “” R.C. 2903.09(A). R.C. 2925.02(A)(5), the statute on corrupting another with drugs, states: “No person shall knowingly * * * [b]y any means, furnish or administer a controlled substance to a pregnant woman or induce or cause a pregnant woman to use a controlled substance, when…”
State v. Coleman, 705 N.E.2d 419 (Ohio Ct. App. 1997). “” R.C. 2903.09(A). In so doing, the General Assembly excepted consensual abortions, pregnant women, and, in some circumstances, their physicians.”
State v. Feller, 2012 Ohio 6016 (Ohio Ct. App. 2012). “The statute states that “[n]o person shall recklessly cause the death of another or the unlawful termination of another’s pregnancy.”
State v. Young, 2011 Ohio 2646 (Ohio Ct. App. 2011). “See, also, R.C. 2903.09(C)(1). ¶{26} Firstly, it is unlikely that appellant’s act of shooting a pregnant woman in the neck would be categorized as the performance or inducement of an abortion just because the defendant is charged with aggravated murder which entails the unlawful…”
State v. Cole, 2024 Ohio 5303 (Ohio Ct. App. 2024). · cites it 4× “{¶ 18} R.C. 2903.09 defines the “unlawful termination of another’s pregnancy” as follows: As used in sections 2903.”
— Ohio Rev. Code § 2903.09(A) — 5 cases
State v. Bontrager, 2022 Ohio 1367 (Ohio Ct. App. 2022). “” R.C. 2903.09(A). R.C. 2925.02(A)(5), the statute on corrupting another with drugs, states: “No person shall knowingly * * * [b]y any means, furnish or administer a controlled substance to a pregnant woman or induce or cause a pregnant woman to use a controlled substance, when…”
State v. Alfieri, 724 N.E.2d 477 (Ohio Ct. App. 1998). “06(A), to encompass the unlawful termination of another’s pregnancy and that added new definitions to R.C. 2903.09. 2 She claims that the law, as amended, violates her rights to equal protection of the law, due process, and freedom from cruel and unusual punishment.”
State v. Coleman, 705 N.E.2d 419 (Ohio Ct. App. 1997). “” R.C. 2903.09(A). In so doing, the General Assembly excepted consensual abortions, pregnant women, and, in some circumstances, their physicians.”
State v. Feller, 2012 Ohio 6016 (Ohio Ct. App. 2012). “The statute states that “[n]o person shall recklessly cause the death of another or the unlawful termination of another’s pregnancy.”
State v. Cole, 2024 Ohio 5303 (Ohio Ct. App. 2024). “{¶ 18} R.C. 2903.09 defines the “unlawful termination of another’s pregnancy” as follows: As used in sections 2903.”
— Ohio Rev. Code § 2903.09(C) — 1 case
State v. Alfieri, 724 N.E.2d 477 (Ohio Ct. App. 1998). “06(A), to encompass the unlawful termination of another’s pregnancy and that added new definitions to R.C. 2903.09. 2 She claims that the law, as amended, violates her rights to equal protection of the law, due process, and freedom from cruel and unusual punishment.”
— Ohio Rev. Code § 2903.09(C)(1) — 1 case
State v. Young, 2011 Ohio 2646 (Ohio Ct. App. 2011). “See, also, R.C. 2903.09(C)(1). ¶{26} Firstly, it is unlikely that appellant’s act of shooting a pregnant woman in the neck would be categorized as the performance or inducement of an abortion just because the defendant is charged with aggravated murder which entails the unlawful…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.