{"schema":"abhortion.org/legislation.verbose/v1","id":"legality-us-ar","type":"legislation","level":"state","jurisdiction":"Arkansas","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Total ban; life exception only","summary":"Arkansas enforces a near-total abortion ban triggered on June 24, 2022, with the only exception being to save the pregnant woman's life in a medical emergency.","machine_readable_summary":{"legal_classification":"total_ban","gestational_limit_weeks":0,"limit_measured_from":"fertilization","abortion_currently_available":"no","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":true,"personhood_contradiction":true,"medication_abortion_distinct_status":false,"mailing_pills_banned":true,"method_bans":["d_and_e","d_and_x"],"telehealth_prescribing_allowed":false,"physician_only_law":true,"provider_max_penalty":"Unclassified felony, up to 10 years imprisonment and $100,000 fine","helpers_criminally_exposed":false,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":72,"state_scripted_counseling":true,"ultrasound_required":"mandatory_performed","in_person_visits_required":2,"parental_involvement":"consent_one_parent","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":true,"state_funding_posture":"defunds_providers","rape_incest_exception":false,"exceptions_present":["life","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/ar.html","markdown":"https://www.abhortion.org/legislation/ar.md","summary_json":"https://www.abhortion.org/legislation/ar.json","full_json":"https://www.abhortion.org/legislation/ar-full.json","verbose_json":"https://www.abhortion.org/legislation/ar-verbose.json"},"overview":{"title":"Total ban; life exception only","summary":"Arkansas enforces a near-total abortion ban triggered on June 24, 2022, with the only exception being to save the pregnant woman's life in a medical emergency.","description":"Arkansas has a near-total ban on abortion, which took effect the day the U.S. Supreme Court overturned Roe v. Wade in June 2022. The only legal abortion in Arkansas is one performed to save the life of the pregnant woman in a medical emergency. There are no exceptions for rape, incest, or fetal anomalies. The woman herself is expressly exempt from prosecution, but anyone who performs or attempts to perform an abortion faces up to 10 years in prison and a $100,000 fine. The Arkansas Constitution declares a policy of protecting every unborn child from conception and bans public funding of abortion. A lawsuit challenging the ban was filed in early 2026 and, after being dismissed then revived, remains pending.","legal_analysis":"Arkansas's abortion regime is governed by the Arkansas Human Life Protection Act, Ark. Code Ann. § 5-61-304 (Act 180 of 2019), which became effective upon certification by the Attorney General on June 24, 2022, following the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization. The Act prohibits anyone from purposely performing or attempting to perform an abortion except to save the life of a pregnant woman in a medical emergency. Additionally, the pre-Roe criminal abortion statute, Ark. Code Ann. § 5-61-102, remains on the books as a Class D felony. The Arkansas Constitution, Amendment 68, provides that 'the policy of Arkansas is to protect the life of every unborn child from conception until birth' and bans public funds for abortion except to save the mother's life. A state constitutional challenge to the near-total ban, filed in Pulaski County Circuit Court in January 2026 (Amplify Legal), was initially dismissed, then revived after the Arkansas Supreme Court struck down Act 975 of 2025 (which had redirected constitutional challenges to the Court of Appeals), and remains in active litigation.","quote":"A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304(a)","pinpoint":"subsection (a)","quote":"A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Justia","href":"https://law.justia.com/constitution/arkansas/amendments/amendment-68","citation":"Ark. Const. Amend. 68, § 2","pinpoint":"Section 2","quote":"The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution.","source_type":"constitution"},{"name":"Arkansas Advocate","href":"https://arkansasadvocate.com/2026/01/28/lawsuit-says-arkansas-near-total-ban-on-abortion-violates-states-constitution","citation":"Arkansas Advocate, 'Lawsuit says Arkansas' near-total ban on abortion violates state's constitution' (Jan. 28, 2026)","quote":"The lawsuit filed in Pulaski County Circuit Court said the ban violates the state's constitutional protections for Arkansans.","source_type":"secondary","accessed":"News article dated January 28, 2026"}]},"sections":{"definitions":{"title":"Conception-to-birth; narrow carveouts","summary":"Arkansas defines 'abortion' broadly as intentionally terminating a known pregnancy and defines 'unborn child' from conception, with express carveouts for ectopic pregnancy, miscarriage removal, and life-saving treatment.","description":"Arkansas law defines abortion as using medicine, drugs, instruments, or other means to intentionally end a pregnancy, with the intent 'other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child.' An 'unborn child' is defined as offspring of human beings from conception until birth. The law explicitly states that removal of an ectopic pregnancy or a dead unborn child caused by spontaneous miscarriage is not an abortion. Treatment that accidentally or unintentionally harms a fetus during medical care for the pregnant woman is also not treated as an illegal abortion, as the law provides an affirmative defense for licensed physicians providing medical treatment that results in accidental or unintentional injury or death to the unborn child.","legal_analysis":"The term 'abortion' appears in multiple Arkansas statutes with slightly varying definitions. Ark. Code Ann. § 20-16-603(a)(1) (drug-induced abortion) defines it as using 'an instrument, medicine, drug, or another substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died in utero.' The Arkansas Unborn Child Protection Act (Act 309 of 2021, codified at § 5-61-401 et seq., though largely superseded by the trigger ban) defined 'abortion' similarly. Act 387 of 2025 (HB1610) further refined the definition to exclude acts performed with the purpose to '(i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy.' The criminal definition of 'person' in § 5-1-102(13)(B) includes 'an unborn child in utero at any stage of development' for homicide offenses, with an 'unborn child' meaning 'offspring of human beings from conception until birth.' IVF embryos outside the womb are excluded from the definition of 'unborn child' for homicide purposes under § 5-1-102(13)(B)(ii)(e).","quote":"'Abortion' means the use or prescription of an instrument, medicine, drug, or another substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died in utero.","note":"Act 387 of 2025 amended the definitional section. The 2024 code edition reflects pre-387 text; re-check the published 2025 code for the codified version.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603","citation":"Ark. Code Ann. § 20-16-603(a)(1)","pinpoint":"subsection (a)(1)","quote":"'Abortion' means the use or prescription of an instrument, medicine, drug, or another substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died in utero as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and that causes the premature termination of the pregnancy.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-1/chapter-1/section-5-1-102","citation":"Ark. Code Ann. § 5-1-102(13)(B)(i)","pinpoint":"subsection (13)(B)(i)","quote":"As used in §§ 5-10-101 - 5-10-105 and 5-4-604, 'person' also includes an unborn child in utero at any stage of development. 'Unborn child' means offspring of human beings from conception until birth.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Arkansas Legislature","href":"https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT387.pdf","citation":"Act 387 of 2025 (HB1610)","pinpoint":"Section 1, amending § 5-61-303 definition","quote":"An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the purpose to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy.","source_type":"statute","accessed":"2025 Regular Session, enrolled Act 387"}]},"current_status":{"title":"Abortion banned; life exception only","summary":"Since June 24, 2022, Arkansas has prohibited abortion at all stages of pregnancy except to save the pregnant woman's life in a medical emergency.","description":"Since the U.S. Supreme Court overturned Roe v. Wade on June 24, 2022, abortion has been illegal in Arkansas at any stage of pregnancy. The only legal abortion is one that a doctor determines is necessary to save the pregnant woman's life because of a medical emergency — a physical disorder, illness, or injury that endangers her life. There is no exception for rape, incest, or severe fetal conditions. A pregnant woman cannot be charged with a crime for seeking or having an abortion. The ban is currently in full effect and is being actively enforced — no abortion clinics operate in the state.","legal_analysis":"The operative prohibition is the Arkansas Human Life Protection Act, Ark. Code Ann. § 5-61-304 (Act 180 of 2019). The Act's effective-date provision (§ 2 of Act 180) tied its activation to the Attorney General's certification that a U.S. Supreme Court decision or constitutional amendment had overruled the central holding of Roe v. Wade. Attorney General Leslie Rutledge issued that certification on June 24, 2022, the same day Dobbs was handed down, making the Act immediately effective. The statute defines 'medical emergency' as 'a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.' § 5-61-303(4). The pre-Roe criminal abortion statute, § 5-61-102, also remains in the code and independently criminalizes administering drugs or using means to produce abortion as a Class D felony. The Arkansas Unborn Child Protection Act (Act 309 of 2021), which was a separate, contingent near-total ban tied to a different trigger, was functionally superseded by Act 180's activation.","quote":"A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304(a)","pinpoint":"subsection (a)","quote":"A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-303","citation":"Ark. Code Ann. § 5-61-303(4)","pinpoint":"subsection (4)","quote":"'Medical emergency' means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Arkansas Attorney General","href":"https://content.govdelivery.com/attachments/ARAG/2022/06/24/file_attachments/2193849/Color%20Scan%20Act%20180%20of%202019%20Certification.pdf","citation":"Arkansas Attorney General Certification, June 24, 2022","quote":"Act 180 of 2019 Certification","source_type":"agency_guidance","accessed":"PDF of AG certification dated June 24, 2022"}]},"enforcement_status":{"title":"In full effect; not enjoined","summary":"The Arkansas trigger ban is in full effect and has not been enjoined; no abortion clinics operate in the state, and a state constitutional challenge filed in 2026 is pending.","description":"Arkansas's abortion ban is fully in force. No court has blocked it. Since the ban took effect, all abortion clinics in Arkansas have stopped providing abortion services. A lawsuit challenging the ban under the Arkansas Constitution was filed in Pulaski County Circuit Court in January 2026. That lawsuit was dismissed in April 2026, but the judge reversed her own dismissal in May 2026 after the Arkansas Supreme Court struck down Act 975 of 2025, a procedural law that had been cited as one basis for the dismissal. The challenge remains alive but has not resulted in any injunction against enforcement of the ban.","legal_analysis":"The trigger ban (Act 180 of 2019, codified at § 5-61-304) has been enforceable since the Attorney General's June 24, 2022 certification. Unlike some states (e.g., Indiana, Ohio, Wyoming), Arkansas courts have not enjoined the ban under the state constitution. The Arkansas Supreme Court has not recognized a right to abortion under the Arkansas Constitution's Declaration of Rights. The 2024 effort to place an abortion-rights constitutional amendment on the ballot failed when the Arkansas Supreme Court upheld the Secretary of State's rejection of the petitions in Arkansans for Limited Government v. Thurston (2024). The current pending litigation is a state constitutional challenge filed by Amplify Legal in Pulaski County Circuit Court in January 2026. After procedural setbacks — including dismissal based partly on Act 975 of 2025 (which redirected constitutional challenges to the Court of Appeals) — the case was revived when the Arkansas Supreme Court declared Act 975 unconstitutional on April 30, 2026, and the circuit judge reversed her dismissal in May 2026.","note":"The procedural history of the 2026 Amplify Legal challenge is complex. Re-check the docket in Pulaski County Circuit Court before publication. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Arkansas Advocate","href":"https://arkansasadvocate.com/briefs/arkansas-judge-revives-lawsuit-challenging-states-near-total-abortion-ban","citation":"Arkansas Advocate, 'Arkansas judge revives lawsuit challenging state's near-total abortion ban' (May 2026)","quote":"The legal challenge to Arkansas' near-total abortion ban remains alive in Pulaski County Circuit Court after a judge reversed her dismissal.","source_type":"secondary","accessed":"May 2026 news article"},{"name":"Encyclopedia of Arkansas","href":"https://encyclopediaofarkansas.net/entries/arkansans-for-limited-government-v-thurston-19575","citation":"Arkansans for Limited Government v. Thurston, 2024 Ark. (Ark. Sup. Ct. Aug. 22, 2024)","quote":"Arkansas Supreme Court upholds rejection of abortion ballot measure","source_type":"case","accessed":"Encyclopedia entry summarizing the 2024 case"},{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/maps/abortion-laws-by-state/arkansas","citation":"Center for Reproductive Rights, 'After Roe Fell: Arkansas'","quote":"On June 24, 2022, Arkansas began enforcing its trigger ban, which prohibits abortion at all stages of pregnancy except to save the life of a pregnant person in a medical emergency.","source_type":"secondary","accessed":"Current as of 2025-2026"}]},"exceptions":{"life":{"title":"Life exception; narrow medical emergency","type":"life","summary":"Abortion is permitted only to save the pregnant woman's life when endangered by a physical disorder, illness, or injury including a life-endangering condition caused by or arising from the pregnancy.","description":"The only legal abortion in Arkansas is one performed to save the pregnant woman's life in a medical emergency. A 'medical emergency' means a physical disorder, illness, or injury that endangers the pregnant woman's life, including a life-endangering condition caused by the pregnancy itself. A licensed physician must make this determination. The law provides doctors an affirmative defense if medical treatment given to a pregnant woman accidentally or unintentionally causes injury or death to the unborn child.","legal_analysis":"Under Ark. Code Ann. § 5-61-304(a), the sole exception to the ban is 'to save the life of a pregnant woman in a medical emergency.' 'Medical emergency' is defined in § 5-61-303(4) as 'a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.' Notably, this definition requires an abortion to be 'necessary to preserve the life' — a purely life-based standard, not health. The Act provides a specific affirmative defense in § 5-61-304(d): 'It is an affirmative defense to prosecution under this section if a licensed physician provides medical treatment to a pregnant woman which results in the accidental or unintentional injury or death to the unborn child.' This is meant to protect doctors whose genuine medical treatment incidentally harms the fetus. Act 387 of 2025 further clarified that treatment intended to 'save the life or preserve the health of the unborn child,' removal of a dead unborn child from spontaneous abortion, or removal of an ectopic pregnancy is not an 'abortion.' There is no certification process or advance authorization requirement in the statute for the life exception; the determination is made by the treating physician.","quote":"A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.","note":"EMTALA preemption arguments may broaden this exception in hospital emergency departments that accept Medicare. See the EMTALA line of cases including United States v. Idaho.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304(a)","pinpoint":"subsection (a)","quote":"A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-303","citation":"Ark. Code Ann. § 5-61-303(4)","pinpoint":"subsection (4)","quote":"'Medical emergency' means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304(d)","pinpoint":"subsection (d)","quote":"It is an affirmative defense to prosecution under this section if a licensed physician provides medical treatment to a pregnant woman which results in the accidental or unintentional injury or death to the unborn child.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"physical_health":{"title":"No physical health exception","type":"physical_health","summary":"Arkansas's ban contains no exception for preserving the pregnant woman's physical health; only a risk to her life qualifies.","description":"Arkansas law does not allow an abortion to protect the pregnant woman's health, even if the pregnancy is causing serious medical harm short of death. The only circumstance in which an abortion is legal is when it is necessary to save her life.","legal_analysis":"The trigger ban, § 5-61-304(a), contains only a life exception. There is no separate health exception, unlike some other states' post-Dobbs bans. Federal EMTALA obligations may require Medicare-participating hospitals to provide stabilizing treatment including abortion in some circumstances where the woman's health — not only her life — is at risk, but the federal EMTALA guidance was rescinded by CMS under the current administration, and the scope of EMTALA's interaction with state abortion bans remains the subject of litigation.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304(a)","pinpoint":"subsection (a)","quote":"A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"mental_health":{"title":"No mental health exception","type":"mental_health","summary":"Mental health conditions, including risk of suicide, do not qualify for an exception under Arkansas's abortion ban.","description":"Mental health conditions — including severe depression, risk of self-harm, or suicidal thoughts — do not legally justify an abortion in Arkansas. The ban's only exception is a physical condition that threatens the pregnant woman's life.","legal_analysis":"The 'medical emergency' definition in § 5-61-303(4) is limited to 'a physical disorder, physical illness, or physical injury' that endangers the pregnant woman's life. Mental health conditions are not included. Additionally, the ACA exchange-coverage definition of 'elective abortion' in Ark. Code Ann. § 23-79-156(a)(2)(A)(ii) explicitly states that 'an abortion shall not be deemed an elective abortion to prevent the death of the mother based on a claim or diagnosis that without the abortion the mother will engage in conduct that will result in her death' — a provision aimed at excluding suicide-risk as a ground for the life exception.","quote":"An abortion shall not be deemed an elective abortion to prevent the death of the mother based on a claim or diagnosis that without the abortion the mother will engage in conduct that will result in her death.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-23/subtitle-3/chapter-79/subchapter-1/section-23-79-156","citation":"Ark. Code Ann. § 23-79-156(a)(2)(A)(ii)","pinpoint":"subsection (a)(2)(A)(ii)","quote":"An abortion shall not be deemed an elective abortion to prevent the death of the mother based on a claim or diagnosis that without the abortion the mother will engage in conduct that will result in her death.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"rape":{"title":"No rape exception","type":"rape","summary":"Arkansas's abortion ban contains no exception for pregnancy resulting from rape, including rape of a minor.","description":"There is no legal way to obtain an abortion in Arkansas because of rape. Even if the pregnancy resulted from rape — including the rape of a child — abortion is prohibited unless the pregnant woman's life is at risk.","legal_analysis":"The trigger ban, § 5-61-304, contains no rape exception. This distinguishes Arkansas from several other states with near-total bans that include rape and incest exceptions (e.g., Idaho, West Virginia). The absence of a rape exception was a deliberate legislative choice; the predecessor Arkansas Unborn Child Protection Act (Act 309 of 2021) likewise lacked a rape exception.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304","pinpoint":"subsection (a)","quote":"A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.","source_type":"statute","accessed":"2024 Arkansas Code edition — text does not contain rape exception"}]},"incest":{"title":"No incest exception","type":"incest","summary":"Arkansas's ban provides no incest exception; pregnancy from incest is not grounds for legal abortion.","description":"There is no incest exception to Arkansas's abortion ban. If a pregnancy results from incest, abortion remains illegal unless the pregnant woman's life is threatened by a medical emergency.","legal_analysis":"The trigger ban contains no incest exception. Section 5-61-304(a) provides only the life-of-the-mother exception.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304","pinpoint":"subsection (a)","quote":"A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.","source_type":"statute","accessed":"2024 Arkansas Code edition — text does not contain incest exception"}]},"fatal_fetal_anomaly":{"title":"No fetal anomaly exception","type":"fatal_fetal_anomaly","summary":"Arkansas has no exception for fatal fetal anomalies; even when a fetus has a condition incompatible with life, abortion remains prohibited.","description":"There is no exception to Arkansas's abortion ban for pregnancies where the fetus has been diagnosed with a severe or fatal condition. Parents who learn their baby has a condition incompatible with life cannot obtain a legal abortion in Arkansas.","legal_analysis":"No provision of Arkansas law creates an exception for fetal anomalies, fatal or otherwise. The only statutory pathway to a legal abortion is through the life-of-the-mother exception.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304","pinpoint":"subsection (a)","quote":"A person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"ectopic_miscarriage_carveout":{"title":"Ectopic pregnancy and miscarriage excluded","type":"ectopic_miscarriage_carveout","summary":"Removing an ectopic pregnancy or a dead unborn child from spontaneous abortion is explicitly not an 'abortion' under Arkansas law.","description":"Treating an ectopic pregnancy — where a fertilized egg implants outside the uterus — is not legally considered an abortion in Arkansas. Similarly, removing tissue after a miscarriage (spontaneous abortion) is not an abortion. Doctors may treat these conditions without fear of prosecution. Act 387 of 2025 clarified that these procedures are not abortions, and that treatment intended to preserve the health or life of the unborn child is also not an abortion.","legal_analysis":"Act 387 of 2025 (HB1610) amended the definition of 'abortion' in § 5-61-303 to explicitly exclude from the definition acts performed with the purpose to: '(i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy.' This statutory clarification resolved ambiguity that had caused concern among medical providers about treating these conditions. Separately, § 5-61-304(d) provides an affirmative defense for physicians whose medical treatment accidentally causes injury or death to the unborn child. In the wrongful-death context, § 16-62-102(a)(3)(A) similarly excludes death of an unborn child resulting from 'a legal abortion, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy where the embryo is not going to develop further.'","quote":"An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the purpose to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy.","note":"Act 387 of 2025 resolved previous ambiguity caused by the Act 180 definition. Verify codification in the published 2025 code edition.","verification":"verified","confidence":"high","citations":[{"name":"Arkansas Legislature","href":"https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT387.pdf","citation":"Act 387 of 2025 (HB1610)","pinpoint":"Section 1","quote":"An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the purpose to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy.","source_type":"statute","accessed":"2025 Regular Session enrolled Act"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-62/section-16-62-102","citation":"Ark. Code Ann. § 16-62-102(a)(3)(A)","pinpoint":"subsection (a)(3)(A)","quote":"A person is not liable under this subsection when the death of the unborn child results from: (A) A legal abortion, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy where the embryo is not going to develop further.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]}},"methods":{"procedural_surgical":{"title":"Banned; D&E and D&X prohibited","summary":"All procedural abortion is prohibited under the near-total ban; Arkansas also separately bans dilation and evacuation (D&E) and dilation and extraction (D&X/partial-birth) procedures.","description":"All surgical abortion procedures are illegal in Arkansas under the near-total ban, with the sole exception of a procedure to save the pregnant woman's life. On top of the general ban, Arkansas has specific laws that separately prohibit certain second-trimester procedures — the dilation and evacuation (D&E) method and the dilation and extraction (D&X/partial-birth) method. These method-specific bans are now effectively redundant because the overall ban covers all abortion procedures at all stages.","legal_analysis":"The general prohibition in § 5-61-304 applies to all abortion methods, procedural and medication alike. Additionally, Arkansas has separate method-specific prohibitions: (1) a D&E ban (often called a 'dismemberment abortion' ban) under the Arkansas Unborn Child Protection from Dismemberment Abortion Act, codified at § 20-16-1801 et seq., which prohibits knowingly performing a dismemberment abortion, defined as purposely dismembering a living unborn child and extracting it one piece at a time; and (2) a partial-birth abortion ban consistent with the federal Partial-Birth Abortion Ban Act, codified at § 5-61-201 et seq. Both method bans have exceptions for the life of the mother. These method-specific statutes now function as layered prohibitions that would independently criminalize these procedures even were the general ban to be modified.","note":"The specific D&E ban statute citation (§ 20-16-1801 et seq.) should be verified against the current code. The secondary source confirms its existence.","verification":"verify_before_publication","confidence":"high","citations":[{"name":"Guttmacher Institute","href":"https://www.guttmacher.org/state-policy/explore/bans-specific-abortion-methods-used-after-first-trimester","citation":"Guttmacher Institute, 'Bans on Specific Abortion Methods Used After the First Trimester' (Arkansas entry)","quote":"Arkansas (total ban) — D&E ban: X — D&X ban: X — Exception: Serious health risk / Life of the pregnant person","source_type":"secondary","accessed":"Guttmacher policy tracker current as of 2025"}]},"medication":{"title":"Banned; in-person-only rules","summary":"Medication abortion is prohibited by the general ban; separate laws require in-person dispensing, ban mailing, prohibit telehealth prescribing, and mandate physician-only administration.","description":"Medication abortion — using pills like mifepristone and misoprostol — is illegal in Arkansas just as surgical abortion is. Even before the total ban, Arkansas had created a web of restrictions specific to medication abortion: the initial dose must be administered in the same room and in the physical presence of the prescribing physician (no telehealth), it is illegal to provide abortion-inducing drugs by mail, courier, or delivery service, only a physician may prescribe or dispense them, and the physician must perform an in-person exam first. These laws remain on the books and reinforce the general ban.","legal_analysis":"Medication abortion is covered by the general prohibition in § 5-61-304. Separately, Arkansas has enacted multiple statutes specifically targeting medication abortion: (1) The Abortion-Inducing Drugs Safety Act, Ark. Code Ann. § 20-16-1501 et seq., which at § 20-16-1504 makes it unlawful for 'any manufacturer, supplier, physician, or any other person to provide any abortion-inducing drug via courier, delivery, or mail service' and requires in-person physician examination, independent verification of intrauterine pregnancy, blood-type determination, and a follow-up visit; (2) § 20-16-603, which requires that the initial administration of mifepristone 'occur in the same room and in the physical presence of the physician' and prohibits telemedicine for medication abortion; (3) the Arkansas Telemedicine Act provisions that restrict abortion by telemedicine. In July 2025, Arkansas Attorney General Tim Griffin sent cease-and-desist letters to four organizations (including Plan C) asserting that abortion pills may not legally be shipped to Arkansas and citing § 20-16-1504. The practical reality is that despite the ban, medication abortion pills are accessible to Arkansans through informal channels, telehealth shield-law providers in other states, and international mail, but possessing and using them involves legal risk for suppliers — though the pregnant woman herself is expressly exempt from criminal liability.","quote":"It is unlawful for any manufacturer, supplier, physician, or any other person to provide any abortion-inducing drug via courier, delivery, or mail service.","note":"FDA preemption arguments regarding mifepristone (Comstock Act, FDA v. Alliance for Hippocratic Medicine) are not addressed in Arkansas-specific litigation. The federal-state conflict exists but remains unresolved in this jurisdiction.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-15/section-20-16-1504","citation":"Ark. Code Ann. § 20-16-1504(b)","pinpoint":"subsection (b)","quote":"It is unlawful for any manufacturer, supplier, physician, or any other person to provide any abortion-inducing drug via courier, delivery, or mail service.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603","citation":"Ark. Code Ann. § 20-16-603(b)(1)","pinpoint":"subsection (b)(1)","quote":"When mifepristone or another drug or chemical regimen is used to induce an abortion, the initial administration of the drug or chemical shall occur in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug or chemical to the patient.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Arkansas Attorney General","href":"https://media.ark.org/ag/2025-07-29-Cease-and-Desist-Plan-C.pdf","citation":"Arkansas Attorney General, Cease-and-Desist Letter to Plan C (July 29, 2025)","quote":"Ark. Code Ann. § 20-16-1504 specifically makes it a crime 'to provide any abortion-inducing drug via courier, delivery, or mail service.' Consequently, abortion pills may not legally be shipped to Arkansas.","source_type":"agency_guidance","accessed":"PDF of AG letter dated July 29, 2025"}]},"self_managed":{"title":"Woman exempt; suppliers at risk","summary":"The pregnant woman who self-manages an abortion is expressly exempt from criminal liability under Arkansas law, but those who supply her with pills or other means face felony exposure.","description":"A pregnant woman who ends her own pregnancy — whether through medication obtained online, herbal methods, or other means — cannot be prosecuted under Arkansas's abortion laws. The statutes explicitly say that a woman cannot be charged with a criminal offense in the death of her own unborn child. However, anyone who helps her obtain abortion pills or other means — whether a friend, a family member, a physician, or an out-of-state telehealth provider — could potentially face felony charges. In practice, Arkansas has not prosecuted women for self-managed abortion and the statutory exemption makes such prosecution unlikely. The Attorney General has focused enforcement efforts on suppliers and organizations that advertise or ship abortion pills into Arkansas.","legal_analysis":"Arkansas law contains multiple provisions expressly shielding the pregnant woman from liability: (1) § 5-61-304(c)(1): 'This section does not authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child'; (2) § 5-61-102(c): 'Nothing in this section shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero'; (3) § 5-1-102(13)(B)(iii): 'Nothing in this subdivision (13)(B) shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero'; (4) § 20-16-603(d)(2): 'A penalty shall not be assessed against the woman upon whom the abortion is performed or attempted to be performed'; (5) § 20-16-603(g): 'A pregnant woman who obtains or possesses mifepristone or another drug or chemical used for the purpose of inducing an abortion to terminate her pregnancy shall not be subject to an action under subsection (e) of this section' (civil action). This is a comprehensive exemption. However, the woman is not immunized from non-abortion criminal liability that might theoretically be applied (e.g., child endangerment, drug possession, practicing medicine without a license), though such prosecutions would face the explicit statutory bars quoted above. The practical risk to self-managing women in Arkansas is low; the enforcement focus is on suppliers, prescribers, and those who assist.","quote":"This section does not authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child.","note":"While the woman is exempt from abortion-specific statutes, the interaction with general criminal law (child endangerment, drug laws) remains theoretically possible though untested and arguably precluded by the express exemption language.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304(c)(1)","pinpoint":"subsection (c)(1)","quote":"This section does not authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-1/section-5-61-102","citation":"Ark. Code Ann. § 5-61-102(c)","pinpoint":"subsection (c)","quote":"Nothing in this section shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603","citation":"Ark. Code Ann. § 20-16-603(g)","pinpoint":"subsection (g)","quote":"A pregnant woman who obtains or possesses mifepristone or another drug or chemical used for the purpose of inducing an abortion to terminate her pregnancy shall not be subject to an action under subsection (e) of this section.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]}},"actors":{"who_may_perform":{"title":"Licensed physician only","summary":"Only a licensed physician may perform or prescribe an abortion in Arkansas; advanced practice clinicians, pharmacists, and others are not authorized.","description":"Under Arkansas law, only a licensed physician — a medical doctor — can legally perform or prescribe an abortion. Nurse practitioners, physician assistants, certified nurse-midwives, pharmacists, and other healthcare professionals are not authorized to provide abortion care, even in the rare circumstances where abortion is legal (to save the woman's life). The physician must be licensed under the Arkansas Medical Practices Act.","legal_analysis":"Multiple provisions establish physician-only authority. The Abortion-Inducing Drugs Safety Act, § 20-16-1504(a), states: 'Abortion-inducing drugs shall only be prescribed, administered, dispensed, or otherwise provided by a physician.' The drug-induced abortion statute, § 20-16-603(a)(4), defines 'physician' as 'a natural person licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, § 17-95-201 et seq.' The parental-involvement law, § 20-16-804, provides that 'a physician shall not perform an abortion upon an unemancipated minor' without consent. The Center for Reproductive Rights notes that Arkansas 'restricts the provision of abortion care, including prescription of abortion-inducing drugs, to licensed physicians.' The trigger ban (§ 5-61-304) applies to 'a person,' and its affirmative defense provision (§ 5-61-304(d)) references 'a licensed physician,' implying that only physicians would be in a position to invoke the defense.","quote":"Abortion-inducing drugs shall only be prescribed, administered, dispensed, or otherwise provided by a physician.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-15/section-20-16-1504","citation":"Ark. Code Ann. § 20-16-1504(a)","pinpoint":"subsection (a)","quote":"Abortion-inducing drugs shall only be prescribed, administered, dispensed, or otherwise provided by a physician following procedures set out in this subchapter.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/maps/abortion-laws-by-state/arkansas","citation":"Center for Reproductive Rights, Arkansas profile","quote":"Arkansas continues to restricts the provision of abortion care, including prescription of abortion-inducing drugs, to licensed physicians.","source_type":"secondary","accessed":"Current as of 2025-2026"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt from all liability","summary":"The pregnant woman is comprehensively exempt from criminal prosecution and civil liability for abortion under multiple Arkansas statutes.","description":"A pregnant woman cannot be criminally charged or civilly sued for obtaining or self-inducing an abortion in Arkansas. Multiple separate laws all repeat the same rule: a woman cannot be charged 'with any criminal offense in the death of her own unborn child.' On the civil side, a woman who obtains or possesses abortion pills also cannot be sued. This protection is broad and is repeated across the criminal code, the abortion chapter, and the general definitions statute.","legal_analysis":"The woman's exemption is multiply codified: § 5-61-304(c)(1): 'This section does not authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child'; § 5-61-102(c): 'Nothing in this section shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero'; § 5-1-102(13)(B)(iii): 'Nothing in this subdivision (13)(B) shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero'; § 20-16-603(d)(2): 'A penalty shall not be assessed against the woman upon whom the abortion is performed or attempted to be performed'; § 20-16-603(g): civil-action immunity. The cumulative effect is a comprehensive legislative choice to shield the pregnant woman from all criminal and civil exposure under abortion-related law.","quote":"This section does not authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304(c)(1)","pinpoint":"subsection (c)(1)","quote":"This section does not authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"physician":{"title":"Unclassified felony; up to 10 years","summary":"A physician who performs or attempts an abortion faces an unclassified felony punishable by up to 10 years imprisonment, a $100,000 fine, or both, plus mandatory license revocation.","description":"Any doctor who performs an illegal abortion in Arkansas — or even attempts to — commits an unclassified felony. The maximum penalty is 10 years in prison and a $100,000 fine. In addition, the Arkansas State Medical Board is required to revoke the doctor's medical license if it finds a violation. The doctor can also be sued for civil damages by the woman, the husband (if married at the time), or a maternal grandparent of the unborn child.","legal_analysis":"Under § 5-61-304(b): 'Performing or attempting to perform an abortion is an unclassified felony with a fine not to exceed one hundred thousand dollars ($100,000) or imprisonment not to exceed ten (10) years, or both.' Under the pre-Roe statute, § 5-61-102(b): any person violating the unlawful abortion provision 'is guilty of a Class D felony' (up to 6 years and $10,000 fine). For medication-abortion-specific violations, § 20-16-603(d)(1) provides: 'If the Arkansas State Medical Board finds that a physician licensed by the board has violated the rules of professional conduct by performing an abortion in violation of this subchapter, the board shall revoke the physician's license.' The physician also faces civil liability: under § 20-16-603(e)(1), a woman who receives an abortion, the father if married to the woman, or a maternal grandparent may sue for actual and punitive damages, and any citizen may seek an injunction. The penalty structure creates layered exposure: criminal (felony), administrative (license revocation), and civil (damages, injunction, attorney's fees). The trigger ban's unclassified felony (up to 10 years) is the harshest penalty and likely preempts the Class D felony under § 5-61-102 for the same conduct.","quote":"Performing or attempting to perform an abortion is an unclassified felony with a fine not to exceed one hundred thousand dollars ($100,000) or imprisonment not to exceed ten (10) years, or both.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304(b)","pinpoint":"subsection (b)","quote":"Performing or attempting to perform an abortion is an unclassified felony with a fine not to exceed one hundred thousand dollars ($100,000) or imprisonment not to exceed ten (10) years, or both.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603","citation":"Ark. Code Ann. § 20-16-603(d)(1)","pinpoint":"subsection (d)(1)","quote":"If the Arkansas State Medical Board finds that a physician licensed by the board has violated the rules of professional conduct by performing an abortion in violation of this subchapter, the board shall revoke the physician's license.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"prescriber_pharmacist":{"title":"Non-physician prescribers unauthorized","summary":"Non-physician prescribers (NPs, PAs) and pharmacists cannot lawfully prescribe, dispense, or provide abortion care, and doing so would violate the physician-only rule and potentially the ban itself.","description":"Nurse practitioners, physician assistants, and pharmacists are not authorized to provide abortion care in Arkansas. Only licensed physicians may prescribe or dispense abortion-inducing drugs. A pharmacist who fills an out-of-state prescription for abortion medication for an Arkansas patient could face criminal exposure, though enforcement against pharmacists has not been tested in reported cases. The attorney general has focused enforcement on out-of-state organizations mailing pills, not in-state pharmacists.","legal_analysis":"The physician-only requirement in § 20-16-1504(a) — 'abortion-inducing drugs shall only be prescribed, administered, dispensed, or otherwise provided by a physician' — operates as a direct bar on non-physician prescribers and pharmacists. The general ban in § 5-61-304 applies to 'a person' who performs or attempts an abortion, which would reach non-physicians who attempt to administer or provide abortion care. The Abortion-Inducing Drugs Safety Act, § 20-16-1504(b), makes it a crime for 'any manufacturer, supplier, physician, or any other person to provide any abortion-inducing drug via courier, delivery, or mail service' — which would encompass a pharmacist filling an out-of-state telehealth prescription. Enforcement against in-state pharmacists for filling out-of-state abortion-medication prescriptions is currently hypothetical; the attorney general's enforcement to date has targeted out-of-state organizations.","quote":"Abortion-inducing drugs shall only be prescribed, administered, dispensed, or otherwise provided by a physician.","note":"No reported cases of Arkansas prosecution of in-state pharmacists for filling out-of-state abortion prescriptions. Practical enforcement risk is uncertain.","verification":"verified","confidence":"medium","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-15/section-20-16-1504","citation":"Ark. Code Ann. § 20-16-1504(a)","pinpoint":"subsection (a)","quote":"Abortion-inducing drugs shall only be prescribed, administered, dispensed, or otherwise provided by a physician following procedures set out in this subchapter.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"nurses_and_staff":{"title":"Accomplice liability; no express exemption","summary":"Nurses and clinical staff who assist in an illegal abortion could face accomplice liability as Arkansas has no express exemption shielding non-physician staff.","description":"Nurses, medical assistants, clinic staff, and other healthcare workers who help with an illegal abortion could potentially face criminal charges as accomplices. Unlike the pregnant woman, they are not expressly shielded by any Arkansas statute. However, because no abortion clinics operate in Arkansas and no abortions (except lifesaving emergency procedures in hospitals) are being performed, the practical risk to staff is currently theoretical. In a hospital emergency situation where a physician performs a lawful life-saving termination, staff assisting are acting lawfully.","legal_analysis":"Arkansas's general accomplice-liability statute, § 5-2-403, provides that a person is an accomplice if, with the purpose of promoting or facilitating an offense, he or she aids, agrees to aid, or attempts to aid another person in committing it. The abortion ban applies to 'a person' (§ 5-61-304(a)). No Arkansas abortion statute provides an express exemption for assisting clinical staff equivalent to the pregnant woman's shield. In a hospital setting where a physician performs a termination within the life exception, staff assistance is within the lawful scope of practice and not criminal. But in any scenario where a physician performs an illegal abortion, assisting nurses and staff could theoretically face accomplice charges. The practical enforcement likelihood is low given the absence of abortion-providing facilities in the state.","note":"No express shield for clinical staff exists, unlike the pregnant-woman exemption. Accomplice exposure is theoretical given the absence of active abortion facilities. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"medium","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-2/chapter-2/subchapter-4/section-5-2-403","citation":"Ark. Code Ann. § 5-2-403 (accomplice liability)","pinpoint":"subsection (a)","quote":"A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of an offense, the person aids, agrees to aid, or attempts to aid the other person in the commission of the offense.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"other_helpers":{"title":"No express criminalization of helpers","summary":"Arkansas has not enacted specific statutes criminalizing friends, family, or others who help with abortion costs, transportation, or information, but general accomplice-liability statutes could theoretically reach such conduct.","description":"Arkansas does not have a specific law that makes it a crime for a friend who drives someone to an out-of-state abortion appointment, a parent who pays for the procedure, or an employer who reimburses travel costs. The state has not enacted 'abortion trafficking' laws like those in Idaho or Tennessee. However, the general criminal law of accomplice liability could theoretically be applied to someone who knowingly helps with an illegal in-state abortion. For out-of-state travel, which itself is legal, the application of accomplice law is highly attenuated.","legal_analysis":"Arkansas has not adopted the kind of 'abortion trafficking' statute seen in Idaho (Idaho Code § 18-623) that criminalizes helping a minor travel out of state for an abortion without parental consent. The general accomplice-liability statute (§ 5-2-403) could theoretically be applied to someone who helps facilitate an illegal in-state abortion, but no reported Arkansas case has tested this. For out-of-state travel to obtain a lawful abortion, the legality of the travel itself (protected by the constitutional right to travel) and the fact that the conduct in the destination state is legal makes accomplice liability a highly doubtful application. Civil liability for helpers is similarly limited: the civil-action provision in § 20-16-603(e) is directed at 'the person who performed the abortion,' not at helpers. No Arkansas statute creates SB8-style private enforcement against helpers.","note":"The Arkansas Attorney General has not publicly indicated intent to prosecute helpers under accomplice theory. This area is unsettled. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"medium","citations":[{"name":"Network for Public Health Law","href":"https://www.networkforphl.org/wp-content/uploads/2025/06/Restrictions-on-the-Right-to-Travel-for-Out-of-State-Abortion-Care.pdf","citation":"Network for Public Health Law, 'Restrictions on the Right to Travel for Out-of-State Abortion Care' (June 2025)","quote":"Abortion trafficking laws restrict travel by criminalizing conduct that helps a patient obtain an out-of-state abortion, not limited to aiding in travel.","source_type":"secondary","accessed":"June 2025 report — Arkansas not listed as having such a law"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"No abortion-trafficking law","summary":"Arkansas has no statute criminalizing travel assistance for out-of-state abortion; travel itself remains lawful, and helping someone travel is not separately criminalized.","description":"Arkansas has not passed an 'abortion trafficking' law of the kind that Idaho and Tennessee have adopted. It is not a crime in Arkansas to help someone — including a minor — travel out of state for an abortion, nor is it a crime to cross state lines to obtain one. There are no local ordinances within Arkansas that criminalize travel assistance.","legal_analysis":"Unlike Idaho (Idaho Code § 18-623), Arkansas has not enacted a statute creating an offense of transporting a minor out of state for an abortion without parental consent or of 'abortion trafficking.' No Arkansas city or county has enacted a local ordinance on this subject. The Arkansas parental-involvement statute (§ 20-16-801 et seq.) requires consent for an abortion performed in Arkansas on a minor but does not reach out-of-state travel. The Arkansas Attorney General's enforcement efforts have targeted the supply side (organizations mailing pills) rather than travel assistance.","note":"The absence of an abortion-trafficking law in Arkansas is notable given its adoption in neighboring states. Legislative sessions should be monitored for proposed bills. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-8","citation":"Ark. Code Ann. § 20-16-801 et seq. (Parental Involvement Enhancement Act)","quote":"The statute requires parental consent for abortion on a minor in Arkansas but does not contain any provision penalizing interstate travel for abortion.","source_type":"statute","accessed":"2024 Arkansas Code edition — no trafficking provision found"}]},"funding":{"title":"No specific funding prohibition","summary":"Arkansas has no statute that specifically criminalizes paying for someone else's abortion or abortion travel, though general accomplice concepts could theoretically apply to funding an illegal in-state procedure.","description":"There is no Arkansas law that makes it a crime specifically to pay for someone else's abortion, give money to an abortion fund, reimburse travel costs as an employer, or otherwise financially assist someone obtaining an abortion. General accomplice-liability laws could potentially be applied to someone who knowingly funds an illegal in-state abortion, but paying for lawful out-of-state care presents no legal exposure.","legal_analysis":"Arkansas has no statute comparable to Texas's SB8 private-enforcement mechanism that would empower suits against those who fund abortions. General accomplice liability (§ 5-2-403) requires purpose to promote or facilitate the offense; funding lawful out-of-state care does not meet this element. Even funding an in-state illegal abortion would require proof the funder acted with the purpose of promoting the specific criminal offense, which is a high bar and has not been tested in Arkansas courts. Abortion funds operate to facilitate out-of-state care, which Arkansas does not criminalize.","verification":"not_applicable","confidence":"medium"},"mailing_pills":{"title":"Expressly criminalized","summary":"Arkansas law explicitly makes it a crime for any person — manufacturer, supplier, physician, or anyone else — to provide abortion-inducing drugs by mail, courier, or delivery service.","description":"It is illegal in Arkansas to send abortion pills by mail, courier, or any delivery service. This applies to everyone — drug manufacturers, online pharmacies, individual doctors, friends, and family. The Arkansas Attorney General sent cease-and-desist letters in July 2025 to organizations advertising access to abortion pills in Arkansas, citing this law. The prohibition covers both sending into Arkansas from out of state and sending within the state.","legal_analysis":"The Abortion-Inducing Drugs Safety Act, § 20-16-1504(b), provides: 'It is unlawful for any manufacturer, supplier, physician, or any other person to provide any abortion-inducing drug via courier, delivery, or mail service.' Violation is a Class D felony under § 20-16-1510 (if the violation results in death of the woman) or punishable under related provisions. In July 2025, AG Tim Griffin sent four cease-and-desist letters to Plan C and other organizations, explicitly citing § 20-16-1504. The federal Comstock Act and FDA preemption arguments create a potential conflict: the FDA's approval of mifepristone and its REMS program allowing mail dispensing could be argued to preempt state mailing bans. However, the Arkansas prohibition has not been challenged on these grounds, and the AG's position is that state law controls. The current U.S. Supreme Court has not resolved whether FDA approval preempts state abortion-pill-mailing bans.","quote":"It is unlawful for any manufacturer, supplier, physician, or any other person to provide any abortion-inducing drug via courier, delivery, or mail service.","note":"FDA preemption of state mailing bans remains an open legal question. The Supreme Court's ruling in FDA v. Alliance for Hippocratic Medicine did not reach this issue.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-15/section-20-16-1504","citation":"Ark. Code Ann. § 20-16-1504(b)","pinpoint":"subsection (b)","quote":"It is unlawful for any manufacturer, supplier, physician, or any other person to provide any abortion-inducing drug via courier, delivery, or mail service.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Arkansas Attorney General","href":"https://media.ark.org/ag/2025-07-29-Cease-and-Desist-Plan-C.pdf","citation":"Arkansas Attorney General Cease-and-Desist Letter (July 29, 2025)","quote":"Ark. Code Ann. § 20-16-1504 specifically makes it a crime 'to provide any abortion-inducing drug via courier, delivery, or mail service.'","source_type":"agency_guidance","accessed":"PDF of AG letter dated July 29, 2025"}]},"providing_information":{"title":"Not criminalized; First Amendment protects","summary":"Arkansas has no law criminalizing the provision of abortion information, referrals, or website links, and any such restriction would face serious First Amendment challenges.","description":"It is not a crime in Arkansas to give someone information about where or how to get an abortion, to share a website address, to refer someone to an out-of-state clinic, or to discuss abortion options. Providing information is protected by the First Amendment. The attorney general's cease-and-desist letters targeted organizations that the AG alleged were facilitating the actual provision of pills, not merely providing information.","legal_analysis":"No Arkansas statute criminalizes the provision of information about abortion. The attorney general's cease-and-desist letters to Plan C and similar organizations in 2024-2025 alleged that these entities were not merely providing information but were facilitating 'the provision of abortion-inducing drugs.' This distinction between protected speech (information) and unprotected conduct (aiding and abetting a criminal act) is unsettled in Arkansas but would be governed by First Amendment precedents including Bigelow v. Virginia, 421 U.S. 809 (1975) (commercial speech about lawful out-of-state abortion services is protected).","verification":"not_applicable","confidence":"high"},"civil_bounty":{"title":"No SB8-style civil bounty","summary":"Arkansas has not enacted a private civil-enforcement bounty law comparable to Texas's SB8; there is no statutory mechanism for private citizens to sue abortion providers or helpers for statutory damages.","description":"Arkansas does not have a law like the Texas 'SB8' bounty law that allows private citizens to sue anyone who performs or helps with an abortion for $10,000 or more. Arkansas's enforcement mechanism is traditional criminal prosecution by public officials, not private lawsuits. However, a limited civil-action provision in the medication-abortion statute allows the woman, her husband, or her parents to sue the abortion provider for actual and punitive damages.","legal_analysis":"Arkansas has not adopted a private civil-enforcement mechanism comparable to the Texas Heartbeat Act (SB8). The closest provision is § 20-16-603(e), which allows a woman who receives an abortion, the father if married to the woman, or a maternal grandparent to sue 'the person who performed the abortion in violation of this section for actual and punitive damages,' and permits any citizen to seek an injunction. This is fundamentally different from SB8, which (1) allows any person to sue regardless of relationship to the patient, (2) provides for statutory minimum damages of $10,000, (3) covers aiders and abettors broadly, and (4) disclaims state enforcement. Arkansas's provision is limited to specified classes of plaintiffs, does not reach aiders and abettors in the same way, and does not provide for statutory minimum damages.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603","citation":"Ark. Code Ann. § 20-16-603(e)","pinpoint":"subsection (e)(1)(A)","quote":"A woman who receives an abortion, the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was performed, or a maternal grandparent of the unborn child may maintain an action against the person who performed the abortion in violation of this section for actual and punitive damages.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]}},"procedural_requirements":{"waiting_period":{"title":"72-hour mandatory waiting period","summary":"Arkansas requires a 72-hour waiting period between informed-consent counseling and the abortion procedure.","description":"Under Arkansas law, a person seeking an abortion must wait at least 72 hours (three days) after receiving state-mandated counseling before the abortion can be performed. These procedural requirements remain on the books but are functionally irrelevant while the total ban is in effect, since virtually no abortions are legally performed. They would spring back into operation if the ban were ever enjoined or modified.","legal_analysis":"The Woman's Right-to-Know Act, Ark. Code Ann. § 20-16-1703, provides that 'except in the case of a medical emergency, consent to an abortion is voluntary and informed only if ... at least seventy-two (72) hours before the abortion' the woman is given certain information and materials. This 72-hour waiting period was enacted by Act 1086 of 2015, which extended the prior 24-hour waiting period. The Arkansas Department of Health's administrative rules (007.33.22 Ark. Code R. 012, Rule 36) implement these requirements. While still codified, the waiting period and all other procedural requirements are practically inoperative under the total ban, which allows abortion only in medical emergencies (which are exempted from the waiting period by the statute's own terms).","quote":"Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if: (1) At least seventy-two (72) hours before the abortion, the woman is given a copy of the printed materials and permitted to view and given a copy of the video materials described in § 20-16-1704.","note":"These requirements are effectively moot while the total ban is in effect but remain in the code. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"FindLaw","href":"https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-16-1703","citation":"Ark. Code Ann. § 20-16-1703(1)","pinpoint":"subsection (b)(1)","quote":"Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if: (1) At least seventy-two (72) hours before the abortion, the woman is given a copy of the printed materials and permitted to view and given a copy of the video materials described in § 20-16-1704.","source_type":"statute","accessed":"2024 Arkansas Code edition as displayed on FindLaw"}]},"mandatory_counseling":{"title":"State-scripted informed consent","summary":"Arkansas requires state-scripted informed-consent counseling with specified content, including information about fetal development, abortion risks, and the claim that medication abortion may be reversible.","description":"Arkansas law mandates that before an abortion, the patient must receive specific state-scripted counseling. The physician or referring physician must provide detailed information about the procedure, its risks, alternatives, fetal development, and the option to view the ultrasound. Arkansas also requires that the patient be told about the possibility of 'reversing' a medication abortion — a claim that major medical organizations, including the American College of Obstetricians and Gynecologists, say is not supported by scientific evidence. These requirements are on the books but inactive while the total ban is enforced.","legal_analysis":"The Woman's Right-to-Know Act at § 20-16-1703 and the implementing regulations at Rule 36 (007.33.22 Ark. Code R. 012) prescribe detailed informed-consent requirements. The physician must provide: a description of the surgical or medical procedures; a detailed list of risks; the probable gestational age of the unborn child; the printed materials described in § 20-16-1704; information about fetal pain; and 'information on reversing the effects of abortion-inducing drugs' (§ 20-16-1703(b)(8)), commonly known as 'abortion pill reversal' — a claim that is scientifically contested. The Arkansas Administrative Rules for Abortion Facilities (amended) require that the pregnant woman sign a form at least 72 hours before the abortion that includes a detailed description of the procedures, risks, and alternatives. The state is required to publish and make available printed and video materials; these were previously hosted on the Arkansas Department of Health website.","quote":"Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if ... at least seventy-two (72) hours before the abortion, the pregnant woman signs a form that includes without limitation the following information: (A) A description of the pregnant woman's rights, including the right to informed consent as granted by this subchapter; (B) A detailed description of the surgical procedures or medical procedures, or both ... (C) A detailed list of the risks.","note":"The abortion-pill-reversal counseling requirement is scientifically disputed. Major medical organizations state it is not evidence-based. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Arkansas Bureau of Legislative Research","href":"https://arkleg.state.ar.us/Home/FTPDocument?path=%2FAssembly%2FMeeting+Attachments%2F040%2F4596%2FE.5.a+ADH+Rules+for+Abortion+Facilities+and+Related+Acts.pdf","citation":"Rules for Abortion Facilities in Arkansas, § 20-16-1703(b) amendment","pinpoint":"Rule amendment to § 20-16-1703(b)","quote":"Except in the case of a medical emergency, at least seventy-two (72) hours before the abortion, the pregnant woman signs a form that includes without limitation the following information: (A) A description of the pregnant woman's rights, including the right to informed consent as granted by this subchapter; (B) A detailed description of the surgical procedures or medical procedures, or both, that are planned to be performed on the pregnant woman; (C) A detailed list of the risks.","source_type":"regulation","accessed":"Administrative rules attachment, undated"}]},"ultrasound_requirement":{"title":"Ultrasound mandatory, performed","summary":"Arkansas requires an abdominal ultrasound to detect a fetal heartbeat before an abortion; the image must be displayed so the patient can view it if she chooses.","description":"Before an abortion can be performed in Arkansas, the physician must perform an abdominal ultrasound to check for a fetal heartbeat. The ultrasound screen must be positioned so the patient can see the image if she wants to. The patient has the right to decline to view it. The fetal heartbeat must be made audible if possible. These ultrasound requirements are moot while the abortion ban is in effect.","legal_analysis":"Under Ark. Code Ann. § 20-16-1202 and the administrative regulation 007.33.22 Ark. Code R. 012 (Rule 36), 'A person authorized to perform abortions under Arkansas law shall perform an abdominal ultrasound test necessary to detect a heartbeat of an unborn human individual.' The ultrasound image must be displayed so the pregnant woman may view it, and the heartbeat must be made audible. The regulation requires that the ultrasound be performed at least 72 hours before the abortion. The patient has the right to avert her eyes and decline viewing, but the ultrasound must still be performed. These provisions remain in the code but are largely inoperative during the total ban.","quote":"A person authorized to perform abortions under Arkansas law shall perform an abdominal ultrasound test necessary to detect a heartbeat of an unborn human individual.","note":"The requirement to detect a fetal heartbeat becomes paradoxical where no abortion is legal after cardiac activity is detectable. Relevant only if the ban is modified. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Cornell Legal Information Institute","href":"https://www.law.cornell.edu/regulations/arkansas/007-33-22-Ark-Code-R-012","citation":"007.33.22 Ark. Code R. 012 - Rule 36","pinpoint":"Section A","quote":"A person authorized to perform abortions under Arkansas law shall perform an abdominal ultrasound test necessary to detect a heartbeat of an unborn human individual.","source_type":"regulation","accessed":"As displayed on Cornell LII"}]},"in_person_visits":{"title":"Two in-person visits required","summary":"Under Arkansas's combined procedural requirements, a person would need at least two in-person visits: one for the mandatory counseling and ultrasound, and a second at least 72 hours later for the procedure.","description":"If abortion were available in Arkansas, a patient would need to visit the clinic at least twice: once for the required ultrasound and counseling, and then again at least 72 hours later for the procedure itself. The counseling and ultrasound must be performed in person. These requirements are all suspended in practice because of the total ban.","legal_analysis":"The combination of the 72-hour waiting period (§ 20-16-1703), the in-person ultrasound requirement (Rule 36), the in-person informed-consent counseling, and the in-person physician examination requirement for medication abortion (§ 20-16-603(b)(1), § 20-16-1504(c)(1)) effectively compels two in-person visits: the first for counseling, ultrasound, and examination, and the second for the procedure at least 72 hours later. Telehealth is not permitted for any step of this process. These requirements are inoperative under the total ban but would resume operation if the ban were enjoined.","note":"These requirements are effectively suspended while the total ban is in force. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"FindLaw","href":"https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-16-1703","citation":"Ark. Code Ann. § 20-16-1703(1)","pinpoint":"subsection (b)(1)","quote":"At least seventy-two (72) hours before the abortion, the woman is given a copy of the printed materials and permitted to view and given a copy of the video materials.","source_type":"statute","accessed":"2024 Arkansas Code edition as displayed on FindLaw"}]}},"minors":{"parental_involvement":{"title":"One-parent written consent required","summary":"A physician may not perform an abortion on an unemancipated minor without the notarized written consent of one parent or legal guardian, unless a medical emergency exists or a court grants a judicial bypass.","description":"If abortion were legal in Arkansas, a minor under 18 who is not emancipated would need written, notarized consent from one parent or legal guardian. There are two ways around this: if the minor's life is in danger (a medical emergency), consent is not required; or the minor can go to court and ask a judge for permission through a process called judicial bypass. The law requires that the consent be in writing and notarized. These requirements are currently moot because abortion itself is banned.","legal_analysis":"The Parental Involvement Enhancement Act, Ark. Code Ann. § 20-16-801 et seq., requires at § 20-16-804 that 'a physician shall not perform an abortion upon an unemancipated minor or upon a woman for whom a guardian or custodian has been appointed because of a finding of incompetency' without first obtaining 'the written consent of either parent or the legal guardian or custodian.' The consent must be notarized. § 20-16-807 waives the consent requirement in a medical emergency, requiring only that the attending physician certify in the medical record that a medical emergency exists and make reasonable efforts to notify the parent or guardian within 24 hours. § 20-16-809 provides for judicial bypass. Arkansas changed from a parental-notification law to a parental-consent law in 2005 (Act 934 of 2005). Note that these requirements are now subordinate to the total ban.","quote":"Except as otherwise provided in §§ 20-16-807 and 20-16-809, a physician shall not perform an abortion upon an unemancipated minor or upon a woman for whom a guardian or custodian has been appointed because of a finding of incompetency, unless the person or the person's agent first obtains the written consent of either parent or the legal guardian or custodian.","note":"This law remains on the books but is subordinate to the total ban. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"FindLaw","href":"https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-16-804","citation":"Ark. Code Ann. § 20-16-804","pinpoint":"Section text","quote":"Except as otherwise provided in §§ 20-16-807 and 20-16-809, a physician shall not perform an abortion upon an unemancipated minor or upon a woman for whom a guardian or custodian has been appointed because of a finding of incompetency, unless the person or the person's agent first obtains the written consent of either parent or the legal guardian or custodian.","source_type":"statute","accessed":"2024 Arkansas Code edition as displayed on FindLaw"}]},"judicial_bypass":{"title":"Judicial bypass available","summary":"A minor can petition a circuit court to waive parental consent by proving by clear and convincing evidence that she is mature and well-informed or that parental involvement is not in her best interest.","description":"A pregnant minor who does not want to involve a parent can go to court and ask a judge for permission to get an abortion without parental consent. The judge must grant the request if the minor proves — by 'clear and convincing evidence' — that she is mature enough and well-informed enough to make the decision on her own, or that involving a parent is not in her best interest (for example, because of abuse). The court proceedings are confidential, the minor can use a pseudonym, and she has the right to a court-appointed attorney. If the judge denies the request, the minor has the right to an expedited confidential appeal. There is no filing fee.","legal_analysis":"The judicial-bypass procedure is set out in Ark. Code Ann. § 20-16-809. A minor may petition a circuit court for waiver of the consent requirement. The court must appoint counsel upon request and may appoint a guardian ad litem. The proceedings are sealed, confidential, and given precedence over other matters. Under § 20-16-809(c), the court must grant the petition if it finds by clear and convincing evidence that either: (1) the pregnant woman is 'sufficiently mature and well-informed to decide whether to have an abortion,' or (2) the pregnant woman is the victim of physical or sexual abuse by a parent or guardian, or obtaining consent is not in her best interest. The statute provides detailed factors for assessing maturity, including 'experience level' (age, work experience, living away from home, travel, finances, significant decisions), 'perspective' (steps to explore options, consideration of consequences), and 'judgment' (conduct since learning of pregnancy, intellectual ability). An expedited confidential appeal is available from a denial. These provisions are currently inoperative under the total ban.","quote":"If the court finds by clear and convincing evidence that the pregnant woman is both sufficiently mature and well-informed to decide whether to have an abortion, the court shall issue an order authorizing the pregnant woman to consent to the performance or induction of an abortion without the consent of a parent or legal guardian.","note":"Inoperative under the total ban. The bypass standard (clear and convincing evidence) is relatively demanding compared to some other states' 'preponderance of the evidence' standard.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-8/section-20-16-809","citation":"Ark. Code Ann. § 20-16-809(c)(1)(A)(i)","pinpoint":"subsection (c)(1)(A)(i)","quote":"If the court finds by clear and convincing evidence that the pregnant woman is both sufficiently mature and well-informed to decide whether to have an abortion, the court shall issue an order authorizing the pregnant woman to consent to the performance or induction of an abortion without the consent of a parent or legal guardian.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent or notice law","summary":"Arkansas has no statute requiring spousal consent or notice for abortion.","description":"Arkansas does not require a married woman to get her husband's consent or even notify him before obtaining an abortion. There is no such law on the books in Arkansas.","legal_analysis":"A review of the Arkansas Code reveals no spousal-consent or spousal-notification requirement. The claim that such a statute existed appears to stem from a federal district court case, Smith v. Bentley, 493 F. Supp. 916 (E.D. Ark. 1980), which struck down certain Arkansas abortion restrictions under Roe. Any pre-Roe spousal-consent requirements that existed were invalidated and are not in the current code. Even if such a statute remained, it would be unenforceable under Planned Parenthood v. Danforth, 428 U.S. 52 (1976) (spousal consent unconstitutional) and Planned Parenthood v. Casey, 505 U.S. 833 (1992) (spousal notice unconstitutional).","verification":"not_applicable","confidence":"high"},"enforceability":{"title":"Not applicable; no law exists","summary":"Because Arkansas has no spousal-consent or spousal-notice law, the question of post-Dobbs enforceability of such laws does not arise in this jurisdiction.","description":"Since Arkansas does not have a law requiring spousal consent or notice for abortion, there is nothing to enforce. If the legislature were to enact such a law, its constitutionality would be uncertain after Dobbs, as Danforth and Casey would no longer bind federal courts but the Arkansas Constitution might independently protect against such a requirement.","legal_analysis":"Arkansas has no spousal-consent or spousal-notice statute. The question of whether Danforth and Casey's holdings would survive Dobbs in Arkansas is therefore not live in this jurisdiction. The Arkansas Constitution's Declaration of Rights contains privacy and due-process provisions (Art. 2, §§ 2, 8) that could be invoked against any future spousal-consent statute, but no Arkansas court has addressed this question.","verification":"not_applicable","confidence":"high"},"other_paternal_rights":{"title":"Husband can sue provider civilly","summary":"The husband of a woman who receives an illegal abortion (if married at the time) may sue the abortion provider for actual and punitive damages; he also has standing under the wrongful-death statute.","description":"Under Arkansas's medication-abortion statute, the father of the unborn child has the right to sue the abortion provider for money damages — but only if he was married to the woman at the time of the abortion. Similarly, under the wrongful-death statute, the father may be a beneficiary in a wrongful-death claim for an unborn child. There is no 'putative father registry' relevant to abortion in Arkansas.","legal_analysis":"Under § 20-16-603(e)(1)(A), 'the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was performed' may maintain a civil action against the person who performed the abortion for actual and punitive damages. The status is marriage-dependent — unmarried fathers have no standing under this provision. Under the wrongful-death statute, § 16-62-102, the beneficiaries include 'the surviving spouse, children, father, mother, brothers, and sisters of the deceased person,' and the statute applies to an 'unborn child as defined in § 5-1-102' — i.e., from conception. The father of an unborn child could potentially bring or benefit from a wrongful-death action resulting from an illegal abortion, though the mother's express immunity would prevent a wrongful-death action against the mother herself.","quote":"A woman who receives an abortion, the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was performed, or a maternal grandparent of the unborn child may maintain an action against the person who performed the abortion in violation of this section for actual and punitive damages.","note":"The marital-status limitation on the father's standing is notable; an unmarried biological father has no civil action under this provision.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603","citation":"Ark. Code Ann. § 20-16-603(e)(1)(A)","pinpoint":"subsection (e)(1)(A)","quote":"A woman who receives an abortion, the father of the unborn child who was the subject of the abortion if the father was married to the woman who received the abortion at the time the abortion was performed, or a maternal grandparent of the unborn child may maintain an action against the person who performed the abortion in violation of this section for actual and punitive damages.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide from conception","summary":"Arkansas defines 'person' for homicide purposes to include an unborn child at any stage of development from conception, but excludes legal abortion, assisted reproduction, and the pregnant woman herself.","description":"Under Arkansas's criminal code, killing an unborn child can be prosecuted as homicide — murder, manslaughter, or negligent homicide. The law defines an 'unborn child' as existing from the moment of conception and at any stage of development. This means that a third party who causes the death of a fetus (for example, by assaulting a pregnant woman) can be charged with homicide. However, the law explicitly excludes: legal abortions to which the woman consented, actions taken in standard medical practice, actions to save the woman's life or preserve her health, assisted reproduction procedures, and embryos outside the womb (IVF). Most importantly, the woman herself cannot be charged with homicide for the death of her own unborn child.","legal_analysis":"Ark. Code Ann. § 5-1-102(13)(B)(i) provides: 'As used in §§ 5-10-101 - 5-10-105 and 5-4-604, 'person' also includes an unborn child in utero at any stage of development. 'Unborn child' means offspring of human beings from conception until birth.' This makes fetal homicide coextensive with the homicide statutes (capital murder, first-degree murder, second-degree murder, manslaughter, negligent homicide). The statute carves out exceptions: legal abortion, standard medical practice, medical research or actions to save the woman's life or preserve her health, assisted reproduction, and pre-implantation IVF embryos (§ 5-1-102(13)(B)(ii)). Critically, § 5-1-102(13)(B)(iii) states: 'Nothing in this subdivision (13)(B) shall be construed to allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero.' The Arkansas fetal-homicide law is among the broadest in the nation, applying from conception rather than viability or quickening.","quote":"As used in §§ 5-10-101 - 5-10-105 and 5-4-604, 'person' also includes an unborn child in utero at any stage of development. 'Unborn child' means offspring of human beings from conception until birth.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-1/chapter-1/section-5-1-102","citation":"Ark. Code Ann. § 5-1-102(13)(B)(i)","pinpoint":"subsection (13)(B)(i)","quote":"As used in §§ 5-10-101 - 5-10-105 and 5-4-604, 'person' also includes an unborn child in utero at any stage of development. 'Unborn child' means offspring of human beings from conception until birth.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"wrongful_death":{"title":"Wrongful death for unborn child","summary":"Arkansas's wrongful-death statute allows a civil claim for the death of an 'unborn child as defined in § 5-1-102' (from conception), with specific exemptions for legal abortion and IVF.","description":"If an unborn child dies because of someone's wrongful act, the family can sue for wrongful death. The law defines 'unborn child' the same way the criminal code does — from conception onward. The right to sue excludes deaths resulting from legal abortion (including ectopic pregnancy removal), the pregnant woman's own fault, assisted reproduction procedures, IVF embryos before transfer, or FDA-approved contraception use. The surviving spouse, children, parents, and siblings of the unborn child are the beneficiaries.","legal_analysis":"Ark. Code Ann. § 16-62-102(a)(1) provides: 'Whenever the death of a person or an unborn child as defined in § 5-1-102 is caused by a wrongful act, neglect, or default ... the person or company or corporation that would have been liable if death had not ensued shall be liable to an action for damages.' Subsection (a)(3) carves out from liability deaths resulting from: '(A) A legal abortion, including an abortion performed to remove an ectopic pregnancy or other nonviable pregnancy where the embryo is not going to develop further; (B) The fault of the pregnant woman carrying the unborn child; (C) Assisted reproduction technology activity, procedure, or treatment; (D) Actions occurring before transfer to the uterus of the woman of an embryo created through in vitro fertilization; or (E) A woman or her healthcare provider using contraception approved by the United States Food and Drug Administration.' This establishes a civil wrongful-death cause of action for unborn children from conception, with abortion-related carveouts. Because legal abortion now exists only in life-saving circumstances under Arkansas law, the practical scope of the abortion carveout is narrow.","quote":"Whenever the death of a person or an unborn child as defined in § 5-1-102 is caused by a wrongful act, neglect, or default ... the person or company or corporation that would have been liable if death had not ensued shall be liable to an action for damages.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-62/section-16-62-102","citation":"Ark. Code Ann. § 16-62-102(a)(1)","pinpoint":"subsection (a)(1)","quote":"Whenever the death of a person or an unborn child as defined in § 5-1-102 is caused by a wrongful act, neglect, or default and the act, neglect, or default would have entitled the party injured to maintain an action and recover damages in respect thereof if death had not ensued, then and in every such case, the person or company or corporation that would have been liable if death had not ensued shall be liable to an action for damages.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"personhood_definition":{"title":"Unborn child as person from conception","summary":"Arkansas law defines 'unborn child' from conception in the criminal code and declares a constitutional policy of protecting every unborn child from conception.","description":"Arkansas law repeatedly uses language treating the unborn as persons. The criminal code defines an 'unborn child' as existing from conception. The Arkansas Constitution declares it to be state policy 'to protect the life of every unborn child from conception until birth.' The wrongful-death law and fetal-homicide law both incorporate the conception-based definition. This personhood language exists alongside the express exemption of the pregnant woman from criminal liability — creating a deliberate tension in Arkansas law.","legal_analysis":"Fetal-personhood language appears in multiple sources: (1) Ark. Code Ann. § 5-1-102(13)(B)(i): 'person' includes 'an unborn child in utero at any stage of development'; (2) Ark. Const. Amend. 68, § 2: 'The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution'; (3) the 'Unborn Child Protection Act' title of multiple statutes. Unlike some states (e.g., Missouri, Alabama), Arkansas has not adopted a standalone 'personhood amendment' or statute declaring that life begins at conception for all purposes, but the cumulative effect of the criminal definition, the constitutional policy statement, and the trigger ban's premise is a robust fetal-personhood framework. The express woman-exemption language cuts against full legal personhood, as a true person could not have his or her death at the hands of another person be legally exempted from criminal liability.","quote":"The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/constitution/arkansas/amendments/amendment-68","citation":"Ark. Const. Amend. 68, § 2","pinpoint":"Section 2","quote":"The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution.","source_type":"constitution"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-1/chapter-1/section-5-1-102","citation":"Ark. Code Ann. § 5-1-102(13)(B)(i)","pinpoint":"subsection (13)(B)(i)","quote":"As used in §§ 5-10-101 - 5-10-105 and 5-4-604, 'person' also includes an unborn child in utero at any stage of development. 'Unborn child' means offspring of human beings from conception until birth.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"contradictions_analysis":"Arkansas law contains a deliberate and multi-layered set of internal contradictions around fetal personhood. The criminal code declares an unborn child a 'person' from conception for homicide purposes, the Constitution declares a policy of protecting every unborn child 'from conception until birth,' and the wrongful-death statute permits civil recovery for the death of an unborn child from conception. Yet at every turn, a specific carveout exempts the pregnant woman from any criminal or civil liability for the death of her own unborn child — appearing in the homicide definitions (§ 5-1-102(13)(B)(iii)), the trigger ban (§ 5-61-304(c)(1)), the pre-Roe ban (§ 5-61-102(c)), and the medication-abortion statute (§ 20-16-603(d)(2) and (g)). Similarly, the wrongful-death statute exempts death caused by 'the fault of the pregnant woman.' These exemptions are irreconcilable with full fetal personhood: if the unborn child were fully a legal person, the pregnant woman's act of ending its life would logically constitute homicide, yet Arkansas has affirmatively chosen not to treat it as such. This contradiction reflects a specific legislative policy choice: the unborn child is a person for purposes of holding third-party actors and abortion providers accountable, but the pregnant woman is placed in a legally distinct category where her conduct toward her own pregnancy is not subject to the same personhood rules. The IVF carveouts in the fetal-homicide and wrongful-death statutes further complicate the personhood framework by excluding embryos outside the womb from the protections that apply from conception within the womb. This creates a three-tier legal reality: (1) the unborn child in utero is a 'person' as against third parties and providers; (2) the pregnant woman is exempt from liability as to her own unborn child; (3) embryos outside the womb are not persons for any of these purposes."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth abortion prohibited","summary":"Arkansas law explicitly prohibits prescribing abortion-inducing drugs via telemedicine; the physician must be physically present in the same room for the initial administration.","description":"Arkansas does not allow abortion medication to be prescribed through telehealth (video or phone appointments). The doctor must be physically in the room with the patient. This rule is reinforced by the general ban on abortion and the specific law against sending abortion pills by mail.","legal_analysis":"Ark. Code Ann. § 20-16-603(b)(1) requires that when mifepristone or another drug regimen is used to induce an abortion, 'the initial administration of the drug or chemical shall occur in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug or chemical to the patient.' Section 20-16-603(c) clarifies: 'This section does not affect telemedicine practice that does not involve the use of mifepristone or another drug or chemical to induce an abortion.' The Abortion-Inducing Drugs Safety Act, § 20-16-1504(c)(1), similarly requires that the physician 'examine the pregnant woman in person' before providing any abortion-inducing drug. Together, these provisions make clear that telemedicine abortion is prohibited. Out-of-state shield-law providers who prescribe to Arkansas patients by telehealth operate in violation of Arkansas law but may be protected by their own state's shield laws from enforcement actions originating in their state.","quote":"When mifepristone or another drug or chemical regimen is used to induce an abortion, the initial administration of the drug or chemical shall occur in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug or chemical to the patient.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603","citation":"Ark. Code Ann. § 20-16-603(b)(1)","pinpoint":"subsection (b)(1)","quote":"When mifepristone or another drug or chemical regimen is used to induce an abortion, the initial administration of the drug or chemical shall occur in the same room and in the physical presence of the physician who prescribed, dispensed, or otherwise provided the drug or chemical to the patient.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"out_of_state_travel":{"title":"Travel not restricted","summary":"Arkansas law does not prohibit residents from traveling out of state to obtain an abortion, nor does any statute attempt to reach conduct occurring wholly outside Arkansas.","description":"It is legal for an Arkansas resident to travel to another state where abortion is legal and obtain an abortion there. Arkansas has no law that tries to punish someone for going out of state for an abortion or for what they do in another state. The constitutional right to travel protects interstate movement.","legal_analysis":"No Arkansas statute attempts to criminalize or penalize out-of-state travel for abortion. The trigger ban (§ 5-61-304) applies to conduct within Arkansas. The Arkansas attorney general has not asserted authority to reach out-of-state conduct. The constitutional right to travel, rooted in the Privileges and Immunities Clause and the dormant Commerce Clause, would present a formidable barrier to any attempt to restrict out-of-state abortion travel. Arkansas has not attempted to follow the model of Texas or Idaho in seeking to regulate or penalize interstate travel for abortion.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"No shield law; hostile to cross-border care","summary":"Arkansas has no shield law protecting providers or patients from out-of-state investigations, and the attorney general has actively sought to restrict the flow of abortion pills into the state.","description":"Arkansas is not a 'shield state.' It has no law that protects Arkansas residents who seek abortions out of state, or out-of-state providers who serve Arkansas patients, from investigation or legal action by other states. On the contrary, the Arkansas Attorney General has sent cease-and-desist letters to out-of-state organizations that offer abortion-pill information or access to Arkansas residents, and has joined multi-state efforts urging Congress to restrict mailing of abortion pills.","legal_analysis":"Unlike California, New York, Massachusetts, and other shield-law states, Arkansas has enacted no protections for providers or patients from out-of-state investigations, subpoenas, extradition requests, or professional-license actions related to lawful reproductive healthcare provided in the protecting state. Arkansas does not fall within the category of states targeted by shield-law conflict litigation (e.g., Louisiana's indictment of a New York physician), but the Arkansas AG has taken an active posture against cross-border provision of abortion medication. In July 2025, AG Tim Griffin sent four cease-and-desist letters and joined 15 other state attorneys general in urging Congress to prevent mailing of abortion pills under the Comstock Act. Arkansas is thus best characterized as neutral as to out-of-state patient travel but hostile as to inbound medication.","note":"Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication.","verification":"semi_verified","confidence":"high","citations":[{"name":"Arkansas Attorney General","href":"https://arkansasag.gov/news-release/attorney-general-griffin-calls-on-congress-to-prevent-abortion-pills-from-being-shipped-to-arkansas-sends-four-cease-and-desist-letters","citation":"Arkansas Attorney General Press Release, 'Attorney General Griffin Calls on Congress to Prevent Abortion Pills from Being Shipped to Arkansas' (July 29, 2025)","quote":"Arkansas and many other states have since outlawed abortion, but we have faced a problem of abortion pills such as mifepristone, which are taken.","source_type":"agency_guidance","accessed":"Press release dated July 29, 2025"},{"name":"Guttmacher Institute","href":"https://www.guttmacher.org/state-policy/explore/shield-laws-sexual-and-reproductive-health-care","citation":"Guttmacher Institute, 'Shield Laws Related to Sexual and Reproductive Health Care' (2025)","quote":"Arkansas is not listed among states with shield laws.","source_type":"secondary","accessed":"Current as of 2025 — Arkansas not listed"}]}},"funding_and_insurance":{"medicaid":{"title":"Hyde-only; life exception only","summary":"Arkansas Medicaid covers abortion only under the federal Hyde Amendment (life of the mother, rape, incest) and the state constitutional ban on public funding restricts even this to life-saving abortions.","description":"Arkansas's Medicaid program does not cover abortion beyond what federal law requires. The federal Hyde Amendment permits Medicaid to cover abortion in cases of life endangerment, rape, or incest. However, the Arkansas Constitution goes further: Amendment 68 says 'no public funds will be used to pay for any abortion, except to save the mother's life.' The Arkansas Medicaid program requires a form (DMS-2698) and a law-enforcement report for rape/incest reimbursement, even for the Hyde categories. In practice, because abortion is nearly entirely banned, Medicaid coverage questions rarely arise.","legal_analysis":"Ark. Const. Amend. 68, § 1 provides: 'No public funds will be used to pay for any abortion, except to save the mother's life.' This constitutional provision is more restrictive than the federal Hyde Amendment, which also permits coverage for rape and incest. The practical effect is that even if the Hyde Amendment would permit Medicaid coverage for rape/incest abortions, the Arkansas Constitution independently bars it. The Arkansas Medicaid program, per the National Health Law Program, requires a form (DMS-2698) for life-endangerment abortions and a mandatory law-enforcement report for rape/incest — though the constitutional provision may render the rape/incest category mostly theoretical for state-funded coverage. The Arkansas Supreme Court has not been asked to reconcile Amendment 68's public-funding ban with the federal Hyde Amendment's requirement that state Medicaid programs cover Hyde-category abortions.","quote":"No public funds will be used to pay for any abortion, except to save the mother's life.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/constitution/arkansas/amendments/amendment-68","citation":"Ark. Const. Amend. 68, § 1","pinpoint":"Section 1","quote":"No public funds will be used to pay for any abortion, except to save the mother's life.","source_type":"constitution"},{"name":"National Health Law Program","href":"https://healthlaw.org/wp-content/uploads/2022/04/2025-Abortion-Coverage-Under-Medicaid.pdf","citation":"National Health Law Program, 'Abortion Coverage Under Medicaid' (April 2025)","pinpoint":"Appendix, Arkansas entry","quote":"Arkansas: No [funds abortions beyond Hyde]; Form (DMS-2698); Mandatory Law Enforcement Report for Rape/Incest: Yes.","source_type":"secondary","accessed":"April 2025 report"}]},"private_insurance":{"title":"Abortion coverage restricted","summary":"Arkansas prohibits qualified health plans on the state insurance exchange from covering elective abortion, and generally restricts private insurance abortion coverage to life-saving circumstances.","description":"Private health insurance plans sold in Arkansas — including those on the state's ACA marketplace exchange — cannot cover elective abortions. They can only cover an abortion if it is performed to save the pregnant woman's life or if the pregnancy resulted from rape or incest. A separate optional supplemental policy can be purchased outside the exchange to cover elective abortions, with a separate premium.","legal_analysis":"Ark. Code Ann. § 23-79-156(c)(1) provides: 'In accordance with the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, a qualified health plan offered through a health insurance exchange established in this state shall not include elective abortion coverage.' The statute defines 'elective abortion' as 'an abortion for any reason other than: (A) To prevent the death of the mother ... or (B) In a pregnancy resulting from rape or incest.' Subsection (c)(2) permits individuals to purchase 'optional supplemental coverage for elective abortions for which a separate premium shall be paid in the health insurance market outside of the state health insurance exchange.' Subsections (d) and (e) establish detailed rules for the supplemental coverage, including separate premium calculation, separate signatures, and separate notice requirements. This effectively bans abortion coverage in all standard private plans and exchange plans, permitting it only through a rarely-used separate rider.","quote":"In accordance with the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, a qualified health plan offered through a health insurance exchange established in this state shall not include elective abortion coverage.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-23/subtitle-3/chapter-79/subchapter-1/section-23-79-156","citation":"Ark. Code Ann. § 23-79-156(c)(1)","pinpoint":"subsection (c)(1)","quote":"In accordance with the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, a qualified health plan offered through a health insurance exchange established in this state shall not include elective abortion coverage.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"exchange_plans":{"title":"ACA exchange plans barred from covering","summary":"ACA marketplace exchange plans in Arkansas are statutorily barred from covering elective abortion; coverage is limited to life-saving or rape/incest abortions.","description":"Health insurance plans sold on Arkansas's ACA marketplace cannot cover abortion except in cases of life endangerment, rape, or incest. This mirrors the restriction on private insurance. The law was enacted under the ACA's provision that allows states to opt out of exchange-plan abortion coverage.","legal_analysis":"This is covered by the same statute, Ark. Code Ann. § 23-79-156, which was enacted pursuant to the ACA's opt-out provision (42 U.S.C. § 18023). The ACA permits states to prohibit abortion coverage in qualified health plans offered through their exchanges, and Arkansas exercised this option through Act 72 of 2013.","quote":"A qualified health plan offered through a health insurance exchange established in this state shall not include elective abortion coverage.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-23/subtitle-3/chapter-79/subchapter-1/section-23-79-156","citation":"Ark. Code Ann. § 23-79-156(c)(1)","pinpoint":"subsection (c)(1)","quote":"A qualified health plan offered through a health insurance exchange established in this state shall not include elective abortion coverage.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},"state_funding_of_providers":{"title":"Defunds abortion providers","summary":"Arkansas has successfully terminated Medicaid funding for Planned Parenthood and prohibits any public funds from being used to subsidize abortion providers.","description":"Arkansas has cut off Medicaid payments to Planned Parenthood. In 2017, the state terminated Planned Parenthood's Medicaid provider agreement, and the Eighth Circuit Court of Appeals upheld Arkansas's right to do so. Combined with the state constitutional ban on using public funds for abortion, this means no state or federal-state funds flow to abortion providers in Arkansas. The federal government cannot compel Arkansas to include Planned Parenthood in its Medicaid program after the U.S. Supreme Court's 2025 ruling in Medina v. Planned Parenthood South Atlantic.","legal_analysis":"Arkansas terminated Planned Parenthood's Medicaid provider agreement in 2017. The Eighth Circuit upheld this action in Planned Parenthood of Arkansas & Eastern Oklahoma v. Jegley, 864 F.3d 953 (8th Cir. 2017) (per curiam). The U.S. Supreme Court's ruling in Medina v. Planned Parenthood South Atlantic, 604 U.S. ___ (2025), confirmed that states may exclude Planned Parenthood from their Medicaid programs. Ark. Const. Amend. 68, § 1 independently prohibits public funding of abortion. Arkansas also has a 'defunding' line item in its budget approach, consistent with a policy posture that directs public health funds to non-abortion-providing health centers.","quote":"No public funds will be used to pay for any abortion, except to save the mother's life.","verification":"verified","confidence":"high","citations":[{"name":"Justia","href":"https://law.justia.com/constitution/arkansas/amendments/amendment-68","citation":"Ark. Const. Amend. 68, § 1","pinpoint":"Section 1","quote":"No public funds will be used to pay for any abortion, except to save the mother's life.","source_type":"constitution"},{"name":"Eighth Circuit (via Justia)","href":"https://law.justia.com/cases/federal/appellate-courts/ca8/16-2235/16-2235-2017-08-16.html","citation":"Planned Parenthood of Ark. & E. Okla. v. Jegley, 864 F.3d 953 (8th Cir. 2017)","quote":"Arkansas's termination of Planned Parenthood's Medicaid provider agreement upheld.","source_type":"case","accessed":"Eighth Circuit decision dated August 16, 2017"}]}}},"penalties":[{"actor":"Physician / abortion provider","offense":"Performing or attempting an abortion in violation of the Arkansas Human Life Protection Act (trigger ban)","penalty":"Unclassified felony; fine up to $100,000, imprisonment up to 10 years, or both; mandatory license revocation by Arkansas State Medical Board","verification":"verified","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304(b)","pinpoint":"subsection (b)","quote":"Performing or attempting to perform an abortion is an unclassified felony with a fine not to exceed one hundred thousand dollars ($100,000) or imprisonment not to exceed ten (10) years, or both.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603","citation":"Ark. Code Ann. § 20-16-603(d)(1)","pinpoint":"subsection (d)(1)","quote":"If the Arkansas State Medical Board finds that a physician licensed by the board has violated the rules of professional conduct by performing an abortion in violation of this subchapter, the board shall revoke the physician's license.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},{"actor":"Any person who administers drugs or means to cause abortion (pre-Roe statute)","offense":"Unlawful abortion under Ark. Code Ann. § 5-61-102","penalty":"Class D felony; up to 6 years imprisonment and fine up to $10,000","verification":"verified","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-1/section-5-61-102","citation":"Ark. Code Ann. § 5-61-102(b)","pinpoint":"subsection (b)","quote":"Any person violating a provision of this section is guilty of a Class D felony.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},{"actor":"Any person mailing/distributing abortion-inducing drugs","offense":"Unlawful distribution of abortion-inducing drugs via courier, delivery, or mail","penalty":"Class D felony (under § 20-16-1510 for violations resulting in death); penalties for lesser violations through general criminal provisions","verification":"verified","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-15/section-20-16-1504","citation":"Ark. Code Ann. § 20-16-1504(b)","pinpoint":"subsection (b)","quote":"It is unlawful for any manufacturer, supplier, physician, or any other person to provide any abortion-inducing drug via courier, delivery, or mail service.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]},{"actor":"Pregnant woman","offense":"No criminal liability for obtaining or self-managing abortion (expressly exempt)","penalty":"None; immune from criminal prosecution and civil suit under multiple statutes","verification":"verified","citations":[{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","citation":"Ark. Code Ann. § 5-61-304(c)(1)","pinpoint":"subsection (c)(1)","quote":"This section does not authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child.","source_type":"statute","accessed":"2024 Arkansas Code edition"},{"name":"Justia","href":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603","citation":"Ark. Code Ann. § 20-16-603(g)","pinpoint":"subsection (g)","quote":"A pregnant woman who obtains or possesses mifepristone or another drug or chemical used for the purpose of inducing an abortion to terminate her pregnancy shall not be subject to an action under subsection (e) of this section.","source_type":"statute","accessed":"2024 Arkansas Code edition"}]}],"recent_changes":[{"date":"2025-07-29","event":"Arkansas Attorney General Tim Griffin sends cease-and-desist letters to four organizations (including Plan C) alleging they illegally advertise and facilitate the provision of abortion pills in Arkansas, citing Ark. Code Ann. § 20-16-1504.","citations":[{"name":"Arkansas Attorney General","href":"https://arkansasag.gov/news-release/attorney-general-griffin-calls-on-congress-to-prevent-abortion-pills-from-being-shipped-to-arkansas-sends-four-cease-and-desist-letters","citation":"Arkansas AG Press Release, July 29, 2025","quote":"Abortions are prohibited in Arkansas except under very limited circumstances. As such, abortion pills may not be legally shipped to Arkansans or brought into the state.","source_type":"agency_guidance","accessed":"Press release dated July 29, 2025"}]},{"date":"2025-03-05","event":"Act 387 of 2025 (HB1610) signed into law, amending the definition of abortion to explicitly exclude removal of ectopic pregnancy, removal of a dead unborn child from spontaneous abortion, and treatment to preserve the health or life of the unborn child. Also modified the medical-emergency definition.","citations":[{"name":"Arkansas Legislature","href":"https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT387.pdf","citation":"Act 387 of 2025 (HB1610), enrolled","pinpoint":"Section 1","quote":"An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the purpose to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy.","source_type":"statute","accessed":"2025 Regular Session enrolled Act"}]},{"date":"2025-04-30","event":"Arkansas Supreme Court declares Act 975 of 2025 (which redirected constitutional challenges to the Court of Appeals, bypassing circuit courts) unconstitutional, removing a procedural barrier to abortion-ban challenges in circuit court.","citations":[{"name":"KATV","href":"https://katv.com/news/local/arkansas-supreme-court-strikes-down-unconstitutional-law-redesigning-court-system-robert-steinbuch-cody-hiland-act-975-pulaski-county-circuit-court-liberal-governor-sarah-huckabee-sanders-court-of-appeals","citation":"KATV News, 'Arkansas Supreme Court strikes down unconstitutional law' (May 1, 2026)","quote":"The Arkansas Supreme Court has struck down a state law passed last year as unconstitutional.","source_type":"secondary","accessed":"May 1, 2026 news article"}]},{"date":"2024-08-22","event":"Arkansas Supreme Court upholds the Secretary of State's rejection of the abortion-rights ballot initiative petitions (Arkansans for Limited Government v. Thurston), keeping the proposed 'Arkansas Right to Abortion Initiative' off the November 2024 ballot.","citations":[{"name":"Ballotpedia","href":"https://ballotpedia.org/Arkansas_Right_to_Abortion_Initiative_(2024)","citation":"Ballotpedia, 'Arkansas Right to Abortion Initiative (2024)'","quote":"The Arkansas Right to Abortion Initiative was not on the ballot in Arkansas as an initiated constitutional amendment on November 5, 2024.","source_type":"secondary","accessed":"Ballotpedia entry current as of 2025"}]},{"date":"2022-06-24","event":"U.S. Supreme Court issues Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade. Arkansas Attorney General Leslie Rutledge certifies the trigger condition the same day, activating the Arkansas Human Life Protection Act (Act 180 of 2019). Abortion becomes illegal in Arkansas except to save the pregnant woman's life.","citations":[{"name":"Arkansas Attorney General","href":"https://content.govdelivery.com/attachments/ARAG/2022/06/24/file_attachments/2193849/Color%20Scan%20Act%20180%20of%202019%20Certification.pdf","citation":"AG Certification, June 24, 2022","quote":"Act 180 of 2019 Certification","source_type":"agency_guidance","accessed":"PDF of AG certification dated June 24, 2022"}]}],"pending_changes":[{"name":"Amplify Legal v. State of Arkansas (Pulaski County Circuit Court)","type":"litigation","status":"Active; filed January 2026, dismissed April 2026, revived May 2026 after the Arkansas Supreme Court struck down Act 975 and the circuit judge reversed her dismissal. The case challenges the near-total abortion ban under the Arkansas Constitution arguing vagueness and violation of state constitutional rights to life, liberty, and the pursuit of happiness.","effect":"If successful, the suit could enjoin the Arkansas abortion ban, potentially restoring abortion access in Arkansas on the terms ordered by the court — possibly reinstating the pre-trigger framework of a 20-week gestational limit or otherwise modifying the ban's scope. The litigation is in early stages and no injunction has been entered.","citations":[{"name":"Arkansas Advocate","href":"https://arkansasadvocate.com/2026/01/28/lawsuit-says-arkansas-near-total-ban-on-abortion-violates-states-constitution","citation":"Arkansas Advocate, 'Lawsuit says Arkansas' near-total ban on abortion violates state's constitution' (Jan. 28, 2026)","quote":"The lawsuit filed in Pulaski County Circuit Court said the ban violates the state's constitutional protections for Arkansans.","source_type":"secondary","accessed":"News article dated January 28, 2026"},{"name":"Arkansas Advocate","href":"https://arkansasadvocate.com/briefs/arkansas-judge-revives-lawsuit-challenging-states-near-total-abortion-ban","citation":"Arkansas Advocate, 'Arkansas judge revives lawsuit challenging state's near-total abortion ban' (May 2026)","quote":"The legal challenge to Arkansas' near-total abortion ban remains alive in Pulaski County Circuit Court after a judge reversed her dismissal.","source_type":"secondary","accessed":"May 2026 news article"}]},{"name":"2026 abortion-rights ballot initiative (potential)","type":"ballot_measure","status":"Signature-gathering phase reportedly underway; not yet certified. A proposed constitutional amendment to establish a right to abortion up to 20 weeks with exceptions for life, health, rape, incest, and fatal fetal anomalies.","effect":"If certified and passed, would amend the Arkansas Constitution to override the current statutory ban by establishing a state constitutional right to abortion up to at least 20 weeks, with post-20-week exceptions. Would likely trigger extensive litigation over scope. The August 2024 rejection of the previous ballot initiative and Arkansas's strict ballot-initiative process create significant hurdles.","citations":[{"name":"American Society for Reproductive Medicine","href":"https://www.asrm.org/advocacy-and-policy/reproductive-rights/summary-reports/state-summary-reports/arkansas","citation":"ASRM, 'Arkansas State Summary Report'","quote":"Efforts are underway to place abortion-related ballot measures to amend the state constitution in Arkansas to establish a right to abortion up to 20 weeks.","source_type":"secondary","accessed":"ASRM state summary, current as of 2025-2026"}]}],"key_authorities":[{"name":"Arkansas Human Life Protection Act (Trigger Ban)","citation":"Ark. Code Ann. § 5-61-304","type":"statute","url":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-3/section-5-61-304","why":"The operative near-total abortion ban, effective June 24, 2022, prohibiting abortion except to save the life of the pregnant woman in a medical emergency."},{"name":"Pre-Roe Unlawful Abortion Statute","citation":"Ark. Code Ann. § 5-61-102","type":"statute","url":"https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-61/subchapter-1/section-5-61-102","why":"Historical criminal abortion ban still on the books; Class D felony; explicitly exempts the pregnant woman from liability."},{"name":"Arkansas Constitution Amendment 68","citation":"Ark. Const. Amend. 68","type":"constitution","url":"https://law.justia.com/constitution/arkansas/amendments/amendment-68","why":"Bans public funding for abortion except to save the mother's life and declares state policy to protect every unborn child from conception."},{"name":"Fetal Homicide Definition","citation":"Ark. Code Ann. § 5-1-102(13)(B)","type":"statute","url":"https://law.justia.com/codes/arkansas/title-5/subtitle-1/chapter-1/section-5-1-102","why":"Defines 'person' for homicide purposes to include an unborn child from conception; exempts legal abortion and the pregnant woman."},{"name":"Abortion-Inducing Drugs Safety Act","citation":"Ark. Code Ann. § 20-16-1501 et seq.","type":"statute","url":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-15/section-20-16-1504","why":"Bans mailing of abortion pills, requires in-person physician examination, and limits prescribing to licensed physicians."},{"name":"Drug-Induced Abortion Procedures","citation":"Ark. Code Ann. § 20-16-603","type":"statute","url":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/section-20-16-603","why":"Requires in-room physician presence for mifepristone administration, prohibits telemedicine for medication abortion, and creates civil liability."},{"name":"Wrongful Death for Unborn Children","citation":"Ark. Code Ann. § 16-62-102","type":"statute","url":"https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-62/section-16-62-102","why":"Permits civil wrongful-death actions for unborn children from conception with abortion and IVF carveouts."},{"name":"Parental Involvement Enhancement Act","citation":"Ark. Code Ann. § 20-16-801 et seq.","type":"statute","url":"https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-16/subchapter-8/section-20-16-809","why":"Requires one-parent written notarized consent for abortion on a minor, with judicial bypass available."},{"name":"Insurance Exchange Abortion Coverage Ban","citation":"Ark. Code Ann. § 23-79-156","type":"statute","url":"https://law.justia.com/codes/arkansas/title-23/subtitle-3/chapter-79/subchapter-1/section-23-79-156","why":"Prohibits ACA exchange plans from covering elective abortion and restricts private insurance coverage."},{"name":"Woman's Right-to-Know Act (Informed Consent)","citation":"Ark. Code Ann. § 20-16-1703","type":"statute","url":"https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-16-1703","why":"Imposes 72-hour waiting period and state-scripted counseling requirements (inoperative under the total ban but still codified)."},{"name":"Dobbs v. Jackson Women's Health Organization","citation":"597 U.S. 215 (2022)","type":"case","url":"https://supreme.justia.com/cases/federal/us/597/19-1392/","why":"The U.S. Supreme Court decision that triggered Arkansas's ban by overturning Roe v. Wade and enabling the AG's certification of the trigger condition."},{"name":"Planned Parenthood of Arkansas & Eastern Oklahoma v. Jegley","citation":"864 F.3d 953 (8th Cir. 2017)","type":"case","url":"https://law.justia.com/cases/federal/appellate-courts/ca8/16-2235/16-2235-2017-08-16.html","why":"Eighth Circuit upheld Arkansas's termination of Planned Parenthood's Medicaid provider agreement."},{"name":"Act 387 of 2025 (Definitional Amendment)","citation":"Act 387, 2025 Regular Session (HB1610)","type":"statute","url":"https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT387.pdf","why":"Clarified that ectopic-pregnancy removal, miscarriage management, and treatment to preserve the unborn child's health are not 'abortions.'"},{"name":"Arkansas Department of Health Rule 36 — Abortion Procedures","citation":"007.33.22 Ark. Code R. 012","type":"regulation","url":"https://www.law.cornell.edu/regulations/arkansas/007-33-22-Ark-Code-R-012","why":"Implements the 72-hour waiting period, ultrasound requirement, and informed-consent procedures at the regulatory level."}],"research_notes":{"overall_confidence":"high","editor_notes":"Before publication, verify (1) the codified text of Act 387 of 2025 in the official Arkansas Code, (2) the current docket in the Pulaski County Circuit Court Amplify Legal challenge, (3) the status of any 2026 abortion-related ballot initiative, (4) whether any new enforcement actions have been brought under the trigger ban, and (5) the specific citation for the Arkansas D&E ban at § 20-16-1801. The secondary-source confirmation of method bans should be supplemented with direct statutory citation. EMTALA preemption analysis should be updated based on the status of federal EMTALA guidance and pending litigation as of the publication date.","gaps":["The specific statutory citation for Arkansas's D&E ('dismemberment abortion') ban was not directly verified in the 2024 code; secondary sources confirm its existence at § 20-16-1801 et seq. but the exact text was not pulled.","The procedural posture of the 2026 Amplify Legal challenge is evolving rapidly; the docket should be checked for any new rulings after May 2026.","The Arkansas 2025 code edition codifying Act 387 of 2025 was not available for verification; all quotes from Act 387 were from the enrolled bill PDF, not the codified version.","No reported enforcement actions against in-state pharmacists or clinical staff for abortion-related offenses were found; the practical enforcement risk assessment is based on statutory interpretation rather than case law.","The interaction between FDA preemption of state abortion-pill-mailing bans and Arkansas's § 20-16-1504(b) has not been litigated in Arkansas courts."]}}