13-3603.02. Abortion; sex and race selection; genetic abnormality; injunctive and civil relief; failure to report; definitions
A. Except in a medical emergency, a person who knowingly does any of the following is guilty of a class 6 felony:
1. Performs an abortion knowing that the abortion is sought based on the sex or race of the child or the race of a parent of that child.
2. Performs an abortion knowing that the abortion is sought solely because of a genetic abnormality of the child.
B. A person who knowingly does either of the following is guilty of a class 3 felony:
1. Uses force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion or an abortion because of a genetic abnormality of the child.
2. Solicits or accepts monies to finance a sex-selection or race-selection abortion or an abortion because of a genetic abnormality of the child.
C. The attorney general or the county attorney may bring an action in superior court to enjoin the activity described in subsection A or B of this section.
D. The father of the unborn child who is married to the mother at the time she receives a sex-selection or race-selection abortion or an abortion because of a genetic abnormality of the child, or, if the mother has not attained eighteen years of age at the time of the abortion, a maternal grandparent of the unborn child, may bring a civil action on behalf of the unborn child to obtain appropriate relief with respect to a violation of subsection A or B of this section. The court may award reasonable attorney fees as part of the costs in an action brought pursuant to this subsection. For the purposes of this subsection, " appropriate relief" includes monetary damages for all injuries, whether psychological, physical or financial, including loss of companionship and support, resulting from the violation of subsection A or B of this section.
E. A physician, physician's assistant, nurse, counselor or other medical or mental health professional who knowingly does not report known violations of this section to appropriate law enforcement authorities shall be subject to a civil fine of not more than $10, 000.
F. A woman on whom a sex-selection or race-selection abortion or an abortion because of a child's genetic abnormality is performed is not subject to criminal prosecution or civil liability for any violation of this section or for a conspiracy to violate this section.
G. For the purposes of this section:
1. " Abortion" has the same meaning prescribed in section 36-2151.
2. " Genetic abnormality" :
(a) Means the presence or presumed presence of an abnormal gene expression in an unborn child, including a chromosomal disorder or morphological malformation occurring as the result of abnormal gene expression.
(b) Does not include a lethal fetal condition. For the purposes of this subdivision, " lethal fetal condition" has the same meaning prescribed in section 36-2158.
3. " Medical emergency" has the same meaning prescribed in section 36-2151.