Texas Vernon's Civil Statutes

§ 4512.5 — DESTROYING UNBORN CHILD

CV § 4512.5Title 71. HEALTH--PUBLIC · Ch. 6-1. /2. ABORTION

Statute text

Whoever shall during parturition of the mother destroy the vitality or life in a child in a state of being born and before actual birth, which child would otherwise have been born alive, shall be confined in the penitentiary for life or for not less than five years. Acts 1925, 39th Leg., R.S., S.B. 7, eff. September 1, 1925. Transferred from Art. 1195, Penal Code of Texas, 1925, by Acts 1973, 63rd Leg., R.S., Ch. 399 (S.B. 34), pg. 996e, eff. January 1, 1974. The following article was held to have been impliedly repealed in McCorvey v. Hill, 385 F.3d 846 (5th Cir. 2004). In Section 2, Chapter 62 (S.B. 8), and Section 4, Chapter 800 (H.B. 1280), Acts of the 87th Legislature, Regular Session, 2021, the legislature finds that the state statutes enacted before the ruling in Roe v. Wade, 410 U.S. 113 (1973), that prohibit and criminalize abortion unless the mother's life is in danger, have not been repealed by the legislature, either expressly or by implication.