K.S.A. Chapter 21 - New Statute

Coercion to Obtain an Abortion

New 7/1/24

L. 2024, Ch. 91, § 1 (HB2436 Sec. 1): Coercion to Obtain an Abortion

 

(a)   Coercion to obtain an abortion is engaging in coercion with knowledge that a woman is pregnant and with the intent to compel such woman to obtain an abortion when such woman has expressed her desire to not obtain an abortion.

(b)   Coercion to obtain an abortion, as defined in subsection (a), is:

        (1)   A person felony, and the offender shall be sentenced to not less than 30 days nor more than one year's imprisonment and fined not less than $500 nor more than $5,000; or

        (2)   if committed by the father or the putative father, who is 18 years of age or older at the time of the violation, of the unborn child of a pregnant woman and such pregnant woman is less than 18 years of age at the time of the violation, a person felony, and the offender shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,000 nor more than $10,000.

(c)   As used in this section:

        (1)   "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto;

        (2) "coercion" means any of the following:

                (A)   Threatening to harm or physically restrain an individual or the creation or execution of any scheme, plan or pattern intended to cause an individual to believe that failure to perform an act would result in financial harm to, or physical restraint of, an individual;

                (B)   abusing or threatening abuse of the legal system, including threats of arrest or deportation without regard to whether the individual being threatened is subject to arrest or deportation under the laws of this state or the United States;

                (C)   knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document or any other actual or purported government identification document from an individual without regard to whether the documents are fraudulent or fraudulently obtained; or

                (D)  facilitating or controlling an individual's access to a controlled substance, as defined in K.S.A. 65-4101, and amendments thereto, other than for a legitimate medical purpose;

        (3)   "financial harm" means any of the following:

                (A)   Any loan, promissory note or other credit instrument that provides for interest at a rate that is prohibited by state or federal law;

                (B)   any employment contract or other agreement for the payment of wages that violates the wage payment act, K.S.A. 44-313 et seq., and amendments thereto;

                (C)   extortion as defined in K.S.A. 21-6501, and amendments thereto; or

                (D)  any other adverse financial consequence; and

        (4)   "unborn child" means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth.

(d)   This section shall be a part of and supplemental to the Kansas criminal code.

History: L. 2024, ch. 91, § 1; July 1.