Nebraska Abortion Statute (1873)

Chapter VI. Attempts and Inducements to Poisoning and Abortion.

Section.
38. Poisoning with intent, etc.
39. Attempting to procure abortion.
40. Administering medicine while intoxicated.
41. Administering a secret medicine.
42. What to be done when poisons are sold.
43. Indigo or soot to be mixed with arsenic.
44. Penalty for violation of two preceding sections.
45. Advertisement or sale of secret drugs, etc., for females; or of obscene notices.

Sec. 38. If any person or persons shall administer poison to another with the intent to destroy or take the life of the person or persons to whom the same shall be administered, or do him, her, or them, an injury, or if any person or persons shall mix poison in water, food, drink, or medicine, with the aforesaid intent, the person or persons so offending, their aiders and abettors, shall be imprisoned in the penitentiary, not more than fifteen nor less than two years.

Sec. 39. Any physician, or other person, who shall wilfully, administer to any pregnant woman any medicine, drug, substance, or thing whatever, or shall use any instrument or other means whatever, with intent thereby to procure the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, or shall have been advised by two physicians to be necessary for that purpose, shall be punished by imprisonment in the county jail, not more than one year, or by fine, not exceeding five hundred dollars, or by both such fine and imprisonment.

Sec. 40. If any physician, or other person, while in a state of intoxication, shall prescribe any poison, drug, or medicine, to another person, which shall endanger the life of such other person, he shall be punished by a fine of not more than one hundred dollars.

Sec. 41. If any physician, or other person, shall prescribe any drug or medicine to another person, the true nature and composition of which he does not, if inquired of, truly make known, but avow the same a secret medicine or composition, thereby endangering the life of such other person, he shall be fined in any sum not exceeding one hundred dollars.

Sec. 42. Every apothecary, druggist, or other person, who shall sell or give away, except upon the prescription of a physician, any article or articles of medicine belonging to the class usually known as poisons, shall be required:

     First. To register, in a book kept for that purpose, the name, age, sex, and color of the person obtaining such poison.

     Second. The quantity sold.

     Third. The purpose for which it is required.

     Fourth. The day and date on which it was obtained.

     Fifth. The name and place of abode of the person for whom the article is intended. 

     Sixth. To carefully mark the word "poison" upon the label or wrapper of each package.

     Seventh. To neither sell or give away any article of poison to minors of either sex.

Sec. 43. No apothecary, druggist, or other person, shall be permitted to sell, or give away, any quantity of arsenic Jess than one pound, without first mixing either soot or indigo therewith, in the proportion of one ounce of soot or half an ounce of indigo to the pound of arsenic.

Sec. 44. Any person offending against the provisions of either of the last two preceding sections, shall be fined in any sum not less than twenty nor more than two hundred dollars.

Sec. 45. If the publishers of any newspaper in the state, shall print or publish any advertisement of any secret drug or nostrum, purporting to be exclusively for the use of females, or if any druggist or other person shall sell or keep for sale, or shall give away any such secret drug or nostrum, purporting to be exclusively for the use of females; or if any person shall, by printing or writing, or in any other way publish an account or description of any drug, medicine, instrument, or apparatus for the purpose of preventing conception, procuring abortion, or miscarriage, or shall, by writing or printing in any circular, newspaper, pamphlet, or book, or in any other way publish or circulate any obscene notice, or shall, within the state of Nebraska, keep for sale or gratuitous distribution, any newspaper, circular, pamphlet, or book containing such notice of such drugs, instruments, or apparatus, or shall keep for sale, or gratuitous distribution any secret nostrum, drug, or medicine for the purpose of preventing conception, procuring abortion, or miscarriage; such person or persons so violating any of the provisions of this section, shall be fined in any sum not exceeding one thousand dollars, or be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court: Provided, That nothing in this section shall be so construed as to affect teaching in regular chartered medical colleges, or the publication of standard medical books.