South Dakota: 'Justifiable Homicide' Bill on Hold

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Still, not everyone is convinced the bill is necessary.

"This is the same defense that Dr. George Tiller's murderer, Scott Roeder, attempted to use, and it fell flat," Dionne Scott at the Center for Reproductive Rights wrote in an e-mail to ABC News.

Jensen: 'Protecting the Unborn'

"The fact that this legislator would propose such a measure in a climate in which violence is being perpetrated against abortion providers and others (i.e., the folks in Arizona) is utterly shocking," Scott wrote.

For his part, Jensen said he is trying to protect the unborn, quite the opposite of inciting anyone.

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