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Birth control laws

Chapter 24: APPENDIX NO. 6 Bill Introduced in New York Legislature in 1923
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About This Book

The author surveys American statutes that criminalize dissemination of information about controlling conception, traces their historical origin, and documents how enforcement has been sporadic and impractical. She examines the legal conflation of contraceptive instruction with obscenity and with abortion, considers federal and state reform proposals from repeal to limited modification, and reviews efforts to change laws through legislation and clinics. The book evaluates criteria for sensible public policy, outlines practical consequences for families and medical practice, and supplies appendices of sources and authorities to enable informed public judgment.

APPENDIX NO. 6
Bill Introduced in New York Legislature in 1923

Drafted by Samuel McCune Lindsey of the Legislative Bureau of Columbia University

Section 1145 of the Penal Code to be amended to read as follows:

Physicians, Instruments and Advice. An article or instrument, used or applied by physicians lawfully practicing or by their direction or prescription, for the cure or prevention of disease, is not an article of indecent or immoral nature or use, within this article. The supplying of such articles to such physicians or by their direction or prescription, is not an offense under this article. The giving by a physician lawfully practicing, to any person, married or having a license entitling him or her to be married duly and lawfully obtained by him or her, of any information or advice in regard to the prevention of conception, on the application of such person to such physician; or the supplying to such physician or by any one on the written prescription of such physician to any such person of any article, instrument, drug, recipe or medicine for the prevention of conception, is not an offense under this article.

Explanation. The portions in italics are new.