35-6-115. Penalty for giving away an aborted child for experimentation; exemptions.

(a) Except as provided in subsection (b) of this section, whoever sells, transfers, distributes or gives away any aborted child or any tissue or cells from an aborted child for any form of experimentation is guilty of a felony punishable by a fine of not less than ten thousand dollars ($10,000.00) and by imprisonment in the penitentiary for not less than one (1) year nor more than fourteen (14) years. Any person consenting, aiding or abetting such sale, transfer, distribution or other unlawful disposition of an aborted child or any tissue or cells from an aborted child is guilty of a felony punishable by a fine of not less than ten thousand dollars ($10,000.00) and by imprisonment in the penitentiary for not less than one (1) year nor more than fourteen (14) years or both, and shall also be subject to prosecution for violation of any other criminal statute.

(b) Subsection (a) of this section shall not be construed to apply to:

(i) Any legal organ or tissue donations made by a parent;

(ii) A child or any tissues or cells from a miscarriage or produced by any medical procedure following a miscarriage, or any other medical condition which is not an abortion;

(iii) The use or transfer of tissue or cells from an aborted child, embryo or fetus for medical examination and testing to:

(A) Identify, confirm or deny any medical condition which lead to or influenced the decision to terminate the pregnancy;

(B) Obtain information relating to future medical treatment or counseling of parents, siblings or other blood relatives of the aborted child, embryo or fetus; or

(C) Comply with hospital quality control regulations.