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Currently about 30 states have similar bans on the procedure, which opponents describe as any procedure in which the person performing the abortion partially delivers vaginally a living unborn child, then kills it and completes the delivery.
The law makes criminal "an abortion procedure in which the person performing the abortion partially delivers vaginally a living unborn child before killing the unborn child and completing the delivery".
The statute defines "partial birth abortion" as: "an abortion procedure in which the person performing the abortion partially delivers vaginally a living unborn child before killing the unborn child and completing the delivery".
The statute defined the procedure as "an abortion procedure in which the person performing the abortion partially delivers vaginally a living unborn child before killing the unborn child and completing the delivery".
It further defines "partially delivers vaginally a living unborn child before killing the unborn child" to mean: "deliberately and intentionally delivering into the vagina a living unborn child, or a substantial portion thereof, for the purpose of performing a procedure that the person performing such procedure knows will kill the unborn child and does kill the unborn child".
Nebraska's law, passed in 1997 and identical to the laws in nearly all the 30 other states that have enacted such bans, makes criminal "an abortion procedure in which the person performing the abortion partially delivers vaginally a living unborn child before killing the unborn child and completing the delivery".
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Specifically, the measure prohibits an "overt act" to "kill the partially delivered living fetus".
Any "overt act" to "kill the partially delivered living fetus" is banned, punishable by up to two years in prison.
Critics assert that the abortion method at issue is a grisly practice that amounts to partially delivering a fetus before aborting it.
Legal experts question whether the measure, which prohibits an "overt act" to "kill the partially delivered living fetus," will hold up in court.
The law, the Partial Birth Abortion Ban Act, enacted in November, makes it a crime for doctors to perform any "overt act" to "kill the partially delivered living fetus".
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