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Attorney General Mark Brnovich says 1901 abortion law is "back in effect"

Arizona Attorney General Mark Brnovich
Posted at 4:39 PM, Jun 29, 2022
and last updated 2022-06-29 21:23:04-04

TUCSON, Ariz. (KGUN) — Arizona Attorney General Mark Brnovich says a restrictive abortion ban that took effect back in 1901 is back in effect.

In a tweet shared out this afternoon, Wednesday, June 29, Brnovich said this ban will not be overturned by the 15 week ban that passed the legislature earlier this year, SB1164.

The 1901 law, ARS 13-3603 contains no exceptions for cases of rape or incest. The law also does not give a minimum time frame for obtaining abortion services.

It does specify an abortion can be performed in the interest of saving the mother's life.

ARS 13-3603 punishes abortion providers, and not those who receive them.

Anyone convicted for breaking this law could spend two to five years in prison.

Legally, an injunction on ARS 13-3603 may need to be lifted before it can take full effect.

Full text of ARS 13-3603:

A person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life, shall be punished by imprisonment in the state prison for not less than two years nor more than five years.

RELATED: Arizona abortion law looks different in Pima County and Tucson

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Anne Simmons is the digital executive producer for KGUN 9. Anne got her start in television while still a student at the University of Arizona. Before joining KGUN, she managed multiple public access television stations in the Bay Area and has worked as a video producer in the non-profit sector. Share your story ideas and important issues with Anne by emailing anne.simmons@kgun9.com or by connecting on Instagram, Twitter or LinkedIn.