Appendix E. 
217 
litigation, A.R.S. § 36-2302(A), provides: A person shall not knov\hngly 
use any human fetus or embryo, living or dead, or any parts, organs, 
or fluids of any such fetus or embryo resulting from an induced 
abortion in any manner for any medical experimentation or scientific 
or medical investigation purposes except as is strictly necessary to 
diagnose a disease or condition in the mother of the fetus or embryo 
and only if the abortion was performed because of such disease or 
condition. 
An exception to this is found in A.R.S. § 36-2302(C), which reads: 
This section shall not prohibit any routine pathological 
examinations conducted by a medical examiner or hospital 
laboratory provided such pathological examination is not part 
of or in any way related to any medical or scientific 
experimentation. 
The penalty for violation of A.R.S. § 36-2302, a class 5 felony, is one 
and a half years in prison and fines up to $150,000.^^° 
Plaintiffs argued that the statute prevented fetal tissue 
transplantation treatment of Parkinson's disease, certain fertility 
treatments, and development of treatments for illness. The court 
ultimately affirmed the decision of the lower court^^^ in holding that 
the statute was unconstitutionally vague. Specifically, the 
“distinction between experiment and treatment in the use of fetal 
tissue is indeterminate, regardless of whether the tissue is obtained 
after an induced abortion. Furthermore, the court determined that 
a criminal statute that serves to prohibit medical experimentation 
but provides no guidance as to where to draw the line between 
A.R.S. § 36-2302(A)(2000). 
A.R.S. § 36-2302(C)(2000). 
See A.R.S. § 36-2303(2000). 
2000 U.S. App. LEXIS 38596, *5 (2000). 
Forbes v. Woods . 71 F. Supp.2d 1015, 1999 U.S. Dist. LEXIS 17025 (1999). 
2000 U.S. App. LEXIS 38596, *12 (9th Cir. 2000). 
2000 U.S. App. LEXIS 38596, *11 (9th Cir. 2000). The court determined 
that the "knowingly” scienter requirement within the statute did not serve 
as a clarification for the distinction. 
PRE -PUBLICATION VERSION 
