188.075. Violation of sections 188.010 to 188.085 a class A misdemeanor--affirmative defense. - Missouri Statutes

Violation of sections 188.010 to 188.085 a class Amisdemeanor--affirmative defense.

188.075. 1. Any person who contrary to the provisions of sections188.010 to 188.085 knowingly performs, induces, or aids in the performanceor inducing of any abortion or knowingly fails to perform any actionrequired by sections 188.010 to 188.085 shall be guilty of a class Amisdemeanor, unless a different penalty is provided for in state law, and,upon conviction, shall be punished as provided by law.

2. It shall be an affirmative defense for any person alleged to haveviolated any provision of this chapter that the person performed an actionor did not perform an action because of a medical emergency. Thisaffirmative defense shall be available in criminal, civil, andadministrative actions or proceedings. The defendant shall have the burdenof persuasion that the defense is more probably true than not.

(L. 1974 H.B. 1211 § 14, A.L. 1979 H.B. 523, et al., A.L. 2007 H.B. 1055)