Utah Supreme Court

State of Utah, in the Interest of J.m.s., a Person Under Eighteen Years of Age. State of Utah v. J.m.s.

December 13, 2011697 Utah Adv. Rep. 60

Summary

The Utah Supreme Court held that a juvenile’s solicited assault to terminate a pregnancy does not fall within the statutory definition of "procedure" in the abortion statute, reversing the juvenile court’s dismissal of the State’s delinquency petition and remanding for further proceedings. Justice Lee, in a concurring opinion, agreed with the result but offered different reasoning for the construction.

Holding

  • Whether the term "procedure" in the abortion definition includes a violent assault intended to terminate a pregnancy. The term "procedure" is confined to medical procedures; a solicited assault is not a "procedure" and therefore does not constitute an abortion.

Docket No. 20091015

Cited authorities

  • Ann. 76-7
  • 1983 Utah Laws 487
  • 2009 Utah Laws 154
  • 2010 Utah Laws 149
  • 2010 Utah Laws 149

Cited by