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West Virginia ‘Unborn Child’ Protection from ‘Dismemberment Abortion’ Act (SB 10)

This law was last updated on Jan 2, 2019

This law is Anti–Choice Model Bill


West Virginia


SB 10




Jan 13, 2016


Co-sponsors: 10
Primary Sponsors: 1
Total Sponsors: 11


Dilation and Evacuation Bans

Full Bill Text

SB 10 prohibits a person from performing or attempting to perform a “dismemberment abortion” unless it is necessary to prevent serious health risk to the pregnant person.

The bill defines “dismemberment abortion” as:

“…the purpose of causing the death of an unborn child, purposely to dismember a living unborn child and extract him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp a portion of the unborn child’s body to cut or rip it off.”

Any person who violates this provision would be guilty of a felony and may be fined $10,000 and/or imprisoned for up to two years.

A person who knowingly performs such an abortion may also face injunction and civil damages.

Related Legislation

This law is based on model legislation designed by the National Right to Life Committee.

Companion bill to HB 4004.


Passed the House and Senate. Gov. Earl Ray Tomblin vetoed the bill on March 9, 2016. The legislature voted to override the veto on March 10, 2016. The bill went into effect May 29, 2016.