G.S. 166
CONFIDENTIAL #
機密:
XCC (80) 43
Penalties
20
Page €
Under the existing law, the maximum terms of imprisonment for abortion (whether procured by the pregnant woman herself or by an illegal abortionist) and for infanticide and manslaughter are effectively the same, that is imprisonment for life.
21
As to monetary penalties, abortion differs from infanticide and manslaughter in that the latter are also subject to such fine as the court may award. In the case of abortion however, the court has no power to impose a fine and clearly it should.
22
As part of this exercise it is proposed in regard to abortion both to give the court power to award a fine and to provide differing maximum levels of penalty for the woman who procures her own abortion and for the illegal abortionist.
23
Differing maximum levels are demanded by the consideration that the illegal abortionist's crime is greater than that of the woman procuring her own abortion, in that the former is motivated by profit and commercial gain.
24
Clause 3 of the draft bill amends section 46 to provide, in the case of a woman procuring her own abortion, for a maximum term of 7 years' imprisonment and in the case of an illegal abortionist, for a maximum term of life imprisonment. In addition, the court is empowered to punish both classes of offender by ordering them to pay such fine as it may award.
25
The maximum penalties may be summarised as follows:
Section
Offence
Penalty
46
Woman procuring an abortion
7 years and such fine as the court may award.
Illegal abortionist
47 B
Child Destruction
47C
Infanticide
Life and such fine as the court
may award.
Life and such fine as the court
may award.
Life and such fine as the court
may award.
CONFIDENTIAL
機密