§ 20-16-2006 — Penalties - Additional enforcement

(a) (1) A person who purposely or knowingly violates this subchapter is guilty of a Class D felony. (2) A woman upon whom an abortion is performed, induced, or attempted in violation of this subchapter shall not be prosecuted for conspiracy to commit a violation of this subchapter. (b) A physician who purposely or knowingly violates this subchapter commits an act of unprofessional conduct that shall result in the Arkansas State Medical Board's suspending or revoking his or her license. (c) A physician who purposely or knowingly delivers to the Department of Health any report required under this subchapter that he or she knows is false is subject to a civil penalty or fine up to two thousand dollars ($2,000) per violation imposed by the department. (d) A woman upon whom an abortion has been performed, induced, or attempted in violation of this subchapter may bring an action against the person who purposely, knowingly, or recklessly performed, induced, or attempted the abortion in violation of this subchapter for actual and punitive damages. (e) (1) A cause of action for injunctive relief against a person who has purposely, knowingly, or recklessly violated this subchapter may be maintained by: (A) A prosecuting attorney with appropriate jurisdiction; or (B) The Attorney General. (2) The injunction shall prevent the abortion provider from performing or inducing and from attempting to perform or induce further abortions in violation of this subchapter. (f) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant. (g) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall render judgment for reasonable attorney's fees in favor of the defendant against the plaintiff. (h) Damages or attorney's fees shall not be assessed against the woman upon whom an abortion was performed or induced or attempted to be performed or induced except under subsection (d) of this section.

Legislative History

Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.