NOTE: This section is conditionally repealed upon certification by the Attorney General that either of the conditions set forth in Laws 2021, c. 308, § 18 have been met. (See end of section for those conditions.)
A. A cause of action for civil damages against a person who has performed a dismemberment abortion in violation of Section 3 of this act may be maintained by:
1. Any woman upon whom a dismemberment abortion has been performed in violation of Section 3 of this act; or
2. If the woman had not attained the age of eighteen (18) years at the time of the dismemberment abortion or has died as a result of the abortion, the maternal grandparents of the unborn child.
B. No damages may be awarded a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
C. Damages awarded in such an action shall include:
1. Money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion; and
2. Statutory damages equal to three times the cost of the dismemberment abortion.
Added by Laws 2015, c. 59, § 5, eff. Nov. 1, 2015.
NOTE: Section 18 of Laws 2021, c. 308 provides: