§ 20-16-811 — Penalty

(a) The performance of an abortion in violation of this subchapter or failure to report under § 20-16-814 shall be a Class A misdemeanor and shall be grounds for a civil action by a person whose consent is required. (b) This subchapter does not allow the charging or conviction of a woman with any criminal offense in the death of her own unborn child in utero. (c) Failure to comply with this subchapter shall provide a basis for: (1) A civil action for compensatory and punitive damages which may include a medical malpractice action under § 16-114-201 et seq.; (2) Professional disciplinary action by the appropriate healthcare licensing board for the suspension or revocation of a license for a healthcare professional for at least one (1) year; (3) Recovery for the parent of the infant or the parent or legal guardian of the pregnant woman, if the pregnant woman is a minor, for the wrongful death of the infant under § 16-62-102 ; and (4) Injunction from future acts prohibited by this section.

Legislative History

Amended by Act 2019, No. 801,§ 5, eff. 7/24/2019. Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.