Trustees of Indiana University v. Terry Curry

Easterbrook, Circuit Judge.

In Indiana "[a] person who intentionally acquires, receives, sells, or transfers fetal tissue commits unlawful transfer of fetal tissue, a Level 5 felony." Ind. Code § 35-46-5-1 .5(d). A federal district court held that several terms in this statute are unconstitutionally vague and that it must be treated as if it read: "A person who intentionally sells fetal tissue commits unlawful transfer of fetal tissue, a Level 5 felony." 289 F.Supp.3d 905 , 934-35 (S.D. Ind. 2018). The district court also held that a definitional clause is invalid. As enacted, § 35-46-5-1.5(b)…