Virginia Code

Va. Code Ann. § 18.2-71 (2026)

Producing abortion or miscarriage, etc.; penalty

✓ current as of May 2026

Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

Except as provided in other sections of this article, if any person administer to, or cause to be taken by a woman, any drug or other thing, or use means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and thereby destroy such child, or produce such abortion or miscarriage, he shall be guilty of a Class 4 felony.

Code 1950, § 18.1-62; 1960, c. 358; 1970, c. 508; 1975, cc. 14, 15.

Notes of Decisions

Cited in 11 cases, 1981–2018 · leading case: Simopoulos v. Virginia, 462 U.S. 506 (1983).

Sort: Relevance Newest Treatment

Simopoulos v. Virginia, 462 U.S. 506 (1983). · cites it 6× “He first contends that Va. Code § 18.2-71 (1982) was applied unconstitutionally to him, because lack of medical necessity for the abortion was not alleged in the indictment, addressed in the prosecution's case, or mentioned by the trier of fact.”

Mazurek v. Armstrong, 520 U.S. 968 (1997). · cites it 2× “, § 76-7302(1) (1995); Va. Code Ann. §§ 18.2-71 , 18.2-72, 18.2-73, 18.”

Simopoulos v. Commonwealth, 277 S.E.2d 194 (Va. 1981). · cites it 11× “§ 18.2-71. 2. The process criminalized by § 18.”

Miller v. Johnson, 343 S.E.2d 301 (Va. 1986). · cites it 4× “2d 147 (1973); Code §§ 18.2-71 to -76.2. Individuals are likewise free to practice contraception to further their constitutionally-protected choice not to have children.”

Richmond Med. Ctr. for Women v. Gilmore, 11 F. Supp. 2d 795 (E.D. Va. 1998). · cites it 6× “The first provision in that statutory scheme is Va.Code § 18.2-71, which makes performance of an abortion a felony unless the abortion is otherwise permitted by ensuing code sections.”

Richmond Med. Ctr. for Women v. Gilmore, 55 F. Supp. 2d 441 (E.D. Va. 1999). · cites it 3× “The first provision in that statutory scheme is Va.Code Ann. § 18.2-71, which makes performance of an abortion a felony unless the abortion is otherwise permitted by ensuing code sections.”

Chris Simopoulos, M.D. v. Virginia State Bd. of Med., Marshall Coleman, Fairfax Hosp. Ass'n, Potomac Hosp., 644 F.2d 321 (4th Cir. 1981). · cites it 2× “Simopoulos’ license and/or hospital privileges because the underlying conviction was based on a statute, Va.Code § 18.2-71, -74, which is unconstitutional in violation of the due process and equal protection clauses, and right of privacy in the Fourteenth Amendment.”

Kalafut v. Gruver, 389 S.E.2d 681 (Va. 1990). · cites it 2× “Code §§ 18.2-71 to -76.1. The unborn child is afforded *286 property rights under the statute of descents, Code § 64.”

Sawyer v. Childress, 12 Va. Cir. 184 (Norfolk Cir. Ct. 1988). · cites it 2× “- Notwithstanding any of the provisions of Section 18.2-71 and in addition to the provisions of Section 18.”

Falls Church Med. Ctr., LLC v. Oliver, 346 F. Supp. 3d 816 (E.D. Va. 2018). · cites it 5× “According to the Amended Complaint, administrative regulations require: Surgical Centers to have sterile operating rooms of at least 150 square feet or more, depending on sedation level provided; patient corridors at least five or six feet wide, depending on location; and…”

Reffat K. Abofreka, M.D. v. Virginia Bd. of Med. (Va. Ct. App. 2007). · cites it 2× “Code § 18.2-71 defines a “criminal abortion” as one in which the performer “use[s] means, with intent to destroy [a woman’s] unborn child, or to produce abortion or miscarriage, and thereby destroy such child, or produce such abortion or miscarriage.”

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.