principal pre-Roe statutes prohibited performance of
an abortion on a pregnant woman unless the procedure was “necessary
to preserve her life,” and
made a woman’s participation in her own abortion a criminal
offense (subject to the same exception). These
statutes were repealed in 1973, and
would not be revived by decision overruling Roe v. Wade. Abortions
could be performed for any reason before the third trimester. Under
a separate statute, however, abortions could not be performed
during the third trimester except to preserve the life of the
pregnant woman or where the pregnancy would result in the birth
or delivery of a fetus unable to survive.
Idaho Code § 18-601 (Supp. 1972).
Id. § 18-602. No
prosecutions were reported under this statute.
Sess. Laws 443, ch. 197, § 2.
Idaho Code § 18-608(3) (2004).