§ 12-18-210 — Prohibition on intentionally causing, aiding, abetting, or assisting a child to obtain an abortion without parental consent

(a) (1) A person shall not intentionally cause, aid, or assist a child to obtain an abortion without the consent or notification regarding judicial bypass of the requirement for consent under §§ 20-16-801 , 20-16-804 , and 20-16-805 . (2) Subdivision (a)(1) of this section does not affect § 20-16-808 . (b) (1) A person who violates subsection (a) of this section shall be civilly liable to the child and to the person or persons required to give the consent under § 20-16-801 . (2) A court may award: (A) Damages to the person or persons adversely affected by a violation of subsection (a) of this section, including compensation for emotional injury without the need for personal presence at the act or event; and (B) Attorney's fees, litigation costs, and punitive damages. (3) An adult who engages in or consents to another person's engaging in a sexual act with a child in violation of the Arkansas Criminal Code, § 5-1-101 et seq., that results in the child's pregnancy shall not be awarded damages under this section. (c) An unemancipated child does not have capacity to consent to any action in violation of this section. (d) Upon a petition by any person adversely affected or who reasonably may be adversely affected by the conduct, a court of competent jurisdiction may enjoin conduct that would violate this section upon a showing that the conduct: (1) Is reasonably anticipated to occur in the future; or (2) Has occurred in the past, whether with the same child or others, and that it is not unreasonable to expect that the conduct will be repeated.

Legislative History

Added by Act 2013, No. 725,§ 6, eff. 8/16/2013.