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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Eubanks
HOUSE BILL NO. 812
AN ACT TO CREATE THE FELONY OF PERFORMING AN ABORTION BY USE 1
OF AN ABORTIFACIENT SUPPLIED BY A PERSON OR ENTITY OUTSIDE THE 2
STATE; TO DEFINE CERTAIN TERMS; TO ESTABLISH CRIMINAL PENALTIES; 3
TO AUTHORIZE A PREGNANT WOMAN WHO RECEIVES AN ABORTIFACIENT TO 4
BRING A CIVIL ACTION AGAINST A PERSON OR ENTITY PERFORMING OR 5
ATTEMPTING TO PERFORM AN ABORTION IN VIOLATION OF THIS ACT; TO 6
ESTABLISH AFFIRMATIVE DEFENSES TO CRIMINAL AND CIVIL ACTIONS 7
BROUGHT UNDER THIS ACT; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. (1) As used in this section, the following words 10
and phrases have the meanings ascribed in this subsection unless 11
the context clearly requires otherwise: 12
(a) "Abortifacient" means any drug, medicine, 13
substance, chemical or means used to cause an abortion which 14
either: 15
(i) Requires a prescription based on guidelines 16
issued by the United States Food and Drug Administration; or 17
(ii) Is not approved by the Food and Drug 18
Administration and is primarily used to cause an abortion. 19
(b) "Foreign sender" means a person or entity that: 20
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(i) Mails or sends by common carrier an 21
abortifacient to an address in this state or to a person in this 22
state; or 23
(ii) Intentionally places an abortifacient into 24
the stream of commerce when the person or entity knows that the 25
abortifacient is substantially likely to be used in this state or 26
mailed or sent by common carrier to an address in this state or to 27
a person in this state; or 28
(iii) Knowingly prescribes an abortifacient to a 29
person in this state, regardless of whether the prescriber is in 30
this state or has knowledge that the recipient is in this state. 31
(c) "Gestation" means the development of a human embryo 32
or fetus as calculated from the first day of the pregnant woman's 33
last menstrual cycle. 34
(2) It is a felony for a person to perform or attempt to 35
perform an abortion with an abortifacient whenever one (1) of the 36
following conditions exists: 37
(a) The person is a foreign sender who knowingly mails 38
or sends by common carrier an abortifacient to an address in this 39
state or to a person in this state; 40
(b) The person is a foreign sender who knowingly 41
disseminates an abortifacient in this state without a valid 42
prescription; or 43
(c) The person is a foreign sender who intentionally 44
places an abortifacient into the stream of commerce when the 45
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person has knowledge that the abortifacient is substantially 46
likely to be used in this state or mailed or sent by common 47
carrier to an address in this state. 48
(3) A person who is convicted of a violation of this section 49
must be fined not more than One Hundred Thousand Dollars 50
($100,000.00) or committed to the custody of the State Department 51
of Corrections for a mandatory term of imprisonment not exceeding 52
ten (10) years, or both. 53
(4) It is not a defense to an alleged violation of 54
subsection (2) of this section that a foreign sender did not know 55
or intend that an abortion would be performed. 56
(5) This section does not authorize a woman to be charged 57
with or convicted of a criminal offense in the death of her own 58
unborn child. 59
(6) (a) A pregnant woman who receives an abortifacient may 60
bring a civil action against another person or entity, including, 61
but not limited to, a foreign sender, which knowingly or 62
intentionally performs or attempts to perform an abortion in 63
violation of this section. 64
(b) If a claimant in an action under this subsection 65
prevails, the court must award: 66
(i) Injunctive relief that requires the defendant 67
to comply with this section; and 68
(ii) Damages in the amount of Ten Thousand Dollars 69
($10,000.00) for each abortion that the person, entity or foreign 70
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ST: Abortion; create crime of performing by an
abortifacient supplied by a person or entity
out-of-state.
sender knowingly or intentionally performed or attempted to 71
perform. 72
(c) A person may bring an action under this subsection 73
up to three (3) years after the date the cause of action accrues 74
or up to one (1) year after the lifting or expiration of any stay, 75
injunction or temporary restraining order that was put in place 76
less than three (3) years after the date the cause of action 77
accrued, whichever is later. 78
(d) Notwithstanding any other law to the contrary, a 79
court may not award attorney fees or costs to a defendant in a 80
civil action brought under this subsection. 81
(e) A civil action brought under this subsection is in 82
addition to, and does not impair, the rights or remedies of a 83
plaintiff in other causes of action. 84
(8) The following are affirmative defenses to a criminal or 85
civil action brought under this section: 86
(a) A physician licensed in this state provides a 87
lawful medical procedure or service for a legitimate medical 88
reason to a pregnant woman that results in the accidental or 89
unintentional physical injury to or death of the unborn child. 90
(b) A pharmacy fills a valid prescription issued by a 91
physician licensed in this state. 92
SECTION 2. This act shall take effect and be in force from 93
and after July 1, 2026. 94