Okla. Stat. tit. 63, § 63-1-737.8

For the purposes of the Oklahoma Unborn Child Protection from

Dismemberment Abortion Act:

1. "Abortion" means the use or prescription of any instrument,

medicine, drug, or any other substance or device:

a. to purposely kill the unborn child of a woman known to

be pregnant, or

b. to purposely terminate the pregnancy of a woman known

to be pregnant, with a purpose other than:

(1) after viability to produce a live birth and

preserve the life and health of the child born

alive, or

(2) to remove a dead unborn child;

2. "Attempt to perform an abortion" means to do or omit to do

anything that, under the circumstances as the actor believes them to

be, is an act or omission constituting a substantial step in a

course of conduct planned to culminate in the actor performing an

abortion. Such substantial steps include, but are not limited to:

a. agreeing with an individual to perform an abortion on

that individual or on some other person, whether or

not the term "abortion" is used in the agreement, and

whether or not the agreement is contingent on another

Oklahoma Statutes - Title 63. Public Health and Safety Page 317

factor such as receipt of payment or a determination

of pregnancy, or

b. scheduling or planning a time to perform an abortion

on an individual, whether or not the term "abortion"

is used, and whether or not the performance is

contingent on another factor such as receipt of

payment or a determination of pregnancy.

This definition shall not be construed to require that an abortion

procedure actually must be initiated for an attempt to occur;

3. "Dismemberment abortion" means, with the purpose of causing

the death of an unborn child, purposely to dismember a living unborn

child and extract him or her one piece at a time from the uterus

through use of clamps, grasping forceps, tongs, scissors or similar

instruments that, through the convergence of two rigid levers,

slice, crush, and/or grasp a portion of the unborn child's body to

cut or rip it off. This definition does not include an abortion

which uses suction to dismember the body of the developing unborn

child by sucking fetal parts into a collection container;

4. "Physician" means a person licensed to practice medicine and

surgery or osteopathic medicine and surgery, or otherwise legally

authorized to perform an abortion;

5. "Purposely" means the following: A person acts purposely

with respect to a material element of an offense when:

a. if the element involves the nature of his or her

conduct or a result thereof, it is his or her

conscious objective to engage in conduct of that

nature or to cause such a result, and

b. if the element involves the attendant circumstances,

he or she is aware of the existence of such

circumstances or he or she believes or hopes that they

exist;

6. "Serious health risk to the unborn child's mother" means

that in reasonable medical judgment she has a condition that so

complicates her medical condition that it necessitates the abortion

of her pregnancy to avert her death or to avert serious risk of

substantial and irreversible physical impairment of a major bodily

function, not including psychological or emotional conditions. No

such condition may be determined to exist if it is based on a claim

or diagnosis that the woman will engage in conduct which she intends

to result in her death or in substantial and irreversible physical

impairment of a major bodily function; and

7. "Woman" means a female human being whether or not she has

reached the age of majority.