A further supplement to an act entitled, "An act for the punishment of crimes."

 

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That if any person or persons, maliciously or without lawful justification, with intent to; cause and procure the miscarriage of a woman then pregnant with child, shall administer to her, prescribe for her, or advise or direct her to take or swallow any poison, drug, medicine, or noxious thing; and if any person or person maliciously, and without lawful justification, shall use any, instrument, or means whatever, with the like intent; and every person, with the like intent, knowingly aiding and assisting such offender or offenders, shall, on conviction thereof, be adjudged guilty of a high misdemeanor; and if the woman die in consequence thereof; shall be punished by fine, not exceeding one thousand dollars, or imprisonment at hard labour for any term not exceeding fifteen years, or both; and if the woman doth not die in consequence thereof, such offender shall, on conviction thereof, be adjudged guilty of a misdemeanor; and be punished by fine, not exceeding five hundred dollars, or imprisonment at hard labour, for any term not exceeding seven years, or both. Approved March 1, 1849.

[Note: this act was approved after State v. Cooper was decided and in direct response to that ruling, although the Cooper decision is in the April 1849 court reports.]