(A) Except as provided by subsection (D), it shall be unlawful for any person to violate 18 U.S.C. § 1461 by using the mails for the mailing, carriage in the mails, or delivery of:
(1) Any article or thing designed, adapted, or intended for producing abortion;
or
(2) Any article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion;
(B) Except as provided by subsection (D), it shall be unlawful for any person to violate 18 U.S.C. § 1462 by:
(1) Using any express company or other common carrier or interactive computer service for carriage in interstate or foreign commerce of any drug, medicine, article, or thing designed, adapted, or intended for producing abortion;
(2) Knowingly taking or receiving, from such express company or other common carrier or interactive computer service, any matter or thing described in subsection (B)(1).
(C) Except as provided by subsection (D), it shall be unlawful for any person to engage in conduct that aids or abets the violations of 18 U.S.C. § 1461 or 18 U.S.C. § 1462 described in subsection (A).
(D) This section shall not apply to any conduct taken by a hospital, or by any employees, agents, or contractors of a hospital, that is necessary to ensure that a licensed physician is prepared to perform an abortion in response to a medical emergency.
(E) No provision of this section may be construed to prohibit any conduct protected by the First Amendment of the U.S. Constitution, as made applicable to state and local governments through the Supreme Court’s interpretation of the Fourteenth Amendment, or by article 1, section 4 of the Illinois Constitution.
(F) Under no circumstance may the mother of the unborn child that has been aborted, or the pregnant woman who seeks to abort her unborn child, be subject to prosecution or penalty under this section.
(G) Any person found guilty of violating any provision of this section shall be fined $750 for each offense. In addition to any fine imposed under this chapter, the offender shall be ordered to pay all of the costs and fees incurred by the City in prosecuting the violation, which shall include but not be limited to the costs associated with an administrative adjudication proceeding or court proceeding, and reasonable attorney’s fees.
(Ord. 9432, passed 5-2-23)