Penal Code Section 91
Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 89
91. The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.
Causing miscarriage, except in cases excepted under section 312, is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore it is not an offence “by reason of such harm”; and the consent of the woman, or of her guardian, to the causing of such miscarriage does not justify the act.
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