ANOTHER’S UNBORN or OTHER PERSON’S UNBORN. A member of the species Homo sapiens who is or was carried in the womb of another during a period that begins with fertilization and that continues unless and until live birth occurs.
UNLAWFUL TERMINATION OF ANOTHER’S PREGNANCY. Causing the death of an unborn member of the species Homo sapiens who is or was carried in the womb of another, as a result of injuries inflicted during the period that begins with fertilization and that continues unless and until live birth occurs.
(B) Notwithstanding division (A) of this section, in no case shall the definitions of the terms “another’s unborn,” “other person’s unborn” and “unlawful termination of another’s pregnancy” that are set forth in division (A) of this section be applied or construed in any of the following manners:
(1) Except as otherwise provided in division (B)(1) of this section, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as any violation of R.C. § 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21 or 2903.22, or a substantially equivalent municipal ordinance, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence but that does violate R.C. § 2919.12, 2919.13(B), 2919.15, 2919.151, 2919.17 or 2919.18, or a substantially equivalent municipal ordinance, may be punished as a violation of such section, as applicable.
(2) In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:
(a) Her delivery of a stillborn baby.
(b) Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying.
(c) Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human.
(d) Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human.
(e) Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other psychological illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.
(R.C. § 2903.09)