Art. 258. Abortion practiced by the woman herself of by her parents. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so.
Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium and maximum periods.
ELEMENTS
1. That there is a pregnant woman who has suffered an abortion;
2. That the abortion is intended;
3. That the abortion is caused by –
a. The pregnant woman herself;
b. Any other person, with the pregnant woman’s consent;
c. Any of her parents, with her consent for the purpose of concealing her dishonor.
• Only the woman or any of her parents is liable under Art. 258, if the purpose of the latter is to conceal her dishonor.
• Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor.
• If committed by any of the parents of a pregnant woman and with consent of such woman to conceal her dishonor, the penalty is the same as that for the woman who practiced abortion upon herself without such purpose of concealing her dishonor.
vs. INFANTICIDE
• No mitigation for the parents of the pregnant woman, unlike in infanticide.
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