§ 617.18

State v. Soto · 1985 2 citations

+ 2 more citations in this opinion.

State v. Wickstrom · 1987 1 citation

A process of statutory construction would lead to the same result. The supreme court noted the history of prior legislation in State v. Soto, 378 N.W.2d 625, 628 n. 6 (Minn.1985). The previous criminal abortion statute applied to “[e]very person” intentionally acting to produce a miscarriage. Minn. Stat. § 617.18 (1972 Supp.) (repealed). It included no language limiting its scope to physicians, to clinical settings or to consensual abortions. That act in turn had replaced a feticide provision of similarly broad scope. Minn. Stat. § 619.16 (1961) (repealed). The present statute was enacted in response to Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), limiting governmental restrictions on consensual abortions. It does not follow, however, that the statute encompasses only consensual or clinical abortions simply because constitutional objections arose only in that area. See id. at 166, 93 S.Ct. at 733 (State may proscribe any abortion by a nonphysician).

Nyberg v. City of Virginia · 1973 2 citations

+ 2 more citations in this opinion.