[§453-16] Intentional termination of pregnancy; penalties; refusal to perform. (a) No abortion shall be performed in this State unless:

(1) Such abortion is performed by a licensed physician or surgeon, or by a licensed osteopathic physician and surgeon; and

(2) Such abortion is performed in a hospital licensed by the department of health or operated by the federal government or an agency thereof; and

(3) The woman upon whom such abortion is to be performed is domiciled in this State or has been physically present in this State for at least ninety days immediately preceding such abortion. The affidavit of such a woman shall be prima facie evidence of compliance with this requirement.

(b) Abortion shall mean an operation to intentionally terminate the pregnancy of a nonviable fetus. The termination of a pregnancy of a viable fetus is not included in this section.

(c) Any person who knowingly violates this section shall be fined not more than $1,000 or imprisoned not more than five years, or both.

(d) Nothing in this section shall require any hospital or any person to participate in such abortion nor shall any hospital or any person be liable for such refusal. [L 1970, c 1, §2]