(1) It is unlawful for any person to knowingly or intentionally create, sell, barter, transfer, manufacture, distribute, dispense, prescribe or possess with knowledge or intent to create, sell, barter, transfer, manufacture, distribute, dispense or prescribe an “abortion-inducing drug,” which is defined as a medicine, drug or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman to cause the death of the unborn child, except as otherwise provided by the laws of the State of Mississippi. This includes the use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion. Use of those drugs to induce abortion is also known as “medical abortion.” This definition does not apply to drugs that may be known to cause an abortion but are prescribed for other medical indications, such as chemotherapeutic agents and diagnostic drugs, or are used in the course of medical care that is lawful under the laws of the State of Mississippi and within the physician’s reasonable medical judgment and the applicable standard of care, including, but not limited to, the treatment of miscarriage, ectopic pregnancy, fetal demise, induction of labor, and management of postpartum complications.
(2) Any person who violates subsection (1) of this section shall be, if convicted, punished by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than ten (10) years. In addition to the criminal penalties provided for in this subsection (2), the Attorney General may bring a civil action in the name of the State of Mississippi to enjoin any violation of subsection (1) of this section related to abortion-inducing drugs, to obtain declaratory or injunctive relief, and to recover civil penalties and costs. The court may make such additional orders or judgments, including restitution, as may be necessary for damages proximately caused by a violation of this section related to abortion-inducing drugs. It is not a defense to civil liability under this subsection (2) that a defendant has been acquitted or has not been prosecuted or convicted under this section or has been convicted of a different offense or of a different type or class of offense, for the conduct that is alleged to give rise to liability under this subsection (2). Civil actions provided under this subsection (2) are cumulative and do not preclude criminal prosecution.