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The principal pre-Roe statutes prohibited performance of an abortion on a pregnant woman unless the procedure was “necessary to preserve her life,”1 and made a woman’s participation in her own abortion a criminal offense (subject to the same exception).2  These statutes were repealed in 1973,3 and would not be revived by decision overruling Roe v. Wade.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.4


1 Idaho Code § 18-601 (Supp. 1972).

2 Id. § 18-602.  No prosecutions were reported under this statute.

3 1973 Idaho Sess. Laws 443, ch. 197, § 2.

4 Idaho Code § 18-608(3) (2004). 


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