PL 240.70 Criminal interference with health care services or religious worship in the second degree Class A misdemeanor Link to CJI2d
240.70  Criminal  interference with health care services or religious
           worship in the second degree.
  1. A person is guilty of criminal interference with health services or
religious worship in the second degree when:
  (a) by force or threat of force or by physical obstruction, he or  she
intentionally  injures,  intimidates  or interferes with, or attempts to
injure, intimidate or interfere with, another person because such  other
person was or is obtaining or providing reproductive health services; or
  (b)  by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with,  or  attempts  to
injure,  intimidate  or  interfere  with,  another  person  in  order to
discourage such other person or any other person or persons from obtain-
ing or providing reproductive health services; or
  (c) by force or threat of force or by physical obstruction, he or  she
intentionally  injures,  intimidates  or interferes with, or attempts to
injure, intimidate or interfere with, another person because such person
was or is seeking to exercise the right of religious freedom at a  place
of religious worship; or
  (d)  he  or  she  intentionally  damages the property of a health care
facility, or attempts to do so, because such facility provides reproduc-
tive health services, or intentionally damages the property of  a  place
of religious worship.
  2. A parent or legal guardian of a minor shall not be subject to pros-
ecution  for  conduct  otherwise  prohibited  by paragraph (a) or (b) of
subdivision one of this section which is directed  exclusively  at  such
minor.
  3. For purposes of this section:
  (a)  the  term "health care facility" means a hospital, clinic, physi-
cian's office  or  other  facility  that  provides  reproductive  health
services,  and  includes the building or structure in which the facility
is located;
  (b) the term "interferes with" means to restrict a person's freedom of
movement;
  (c) the term "intimidates" means  to  place  a  person  in  reasonable
apprehension  of  physical  injury  to  himself or herself or to another
person;
  (d) the term "physical obstruction" means rendering impassable ingress
to or egress from a facility that provides reproductive health  services
or  to  or from a place of religious worship, or rendering passage to or
from such a facility or place of religious worship  unreasonably  diffi-
cult or hazardous; and
  (e) the term "reproductive health services" means health care services
provided in a hospital, clinic, physician's office or other facility and
includes  medical, surgical, counseling or referral services relating to
the human reproductive system, including services relating to  pregnancy
or the termination of a pregnancy.
  Criminal  interference  with health care services or religious worship
in the second degree is a class A misdemeanor.
.
Subdivision Elements Lesser included offenses
PL 240.70(1)(a)
  • by force or threat of force or by physical obstruction
  • intentionally does or attempts to injure, intimidate or interfere with another
  • because such other was or is obtaining or providing reproductive health services

LIO

PL 240.70(1)(b)
  • by force or threat of force or by physical obstruction
  • intentionally does or attempts to injure, intimidate or interfere with another
  • in order to discourage any person from obtaining or providing reproductive health services

LIO

PL 240.70(1)(c)
  • by force or threat of force or by physical obstruction
  • intentionally does or attempts to injure, intimidate or interfere with another
  • because such person was or is seeking to exercise the right of religious freedom at a place of religious worship

LIO

PL 240.70(1)(d)
  • intentionally does or attempts to damage property
  • of a place of religious worship, or of a health care facility because such facility provides reproductive health services

LIO

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