§ 39-15-201 — Abortion trafficking of minors - Penalty - Exclusions and exceptions - Civil Actions

(a) An adult commits the offense of abortion trafficking of a minor if the adult intentionally recruits, harbors, or transports a pregnant unemancipated minor within this state for the purpose of: (1) Concealing an act that would constitute a criminal abortion under § 39-15-213 from the parents or legal guardian of the pregnant unemancipated minor; (2) Procuring an act that would constitute a criminal abortion under § 39-15-213 for the pregnant unemancipated minor, regardless of where the abortion is to be procured; or (3) Obtaining an abortion-inducing drug for the pregnant unemancipated minor for the purpose of an act that would constitute a criminal abortion under § 39-15-213 , regardless of where the abortion-inducing drug is obtained. (b) A violation of subsection (a) is a Class A misdemeanor and shall be punished by imprisonment for eleven (11) months and twenty-nine (29) days. (c) This section does not apply to: (1) The parents or legal guardian of the unemancipated minor; (2) A person who has obtained the written, notarized consent of the unemancipated minor's parent or legal guardian; (3) A common carrier transporting passengers in the course and scope of their business; or (4) An ambulance driver or operator and any corresponding emergency medical services personnel, as defined in § 68-140-302 , acting within the course and scope of their duties. (d) It is not a defense to a prosecution under this section that the pregnant minor consented to the actions in subsection (a). (e) (1) A person who violates subsection (a) may be held liable in a civil action for the wrongful death of an unborn child who was aborted. (2) The civil action may be brought on behalf of the unborn child by: (A) The biological mother of the unborn child; (B) The biological father of the unborn child, unless the pregnancy resulted from an act committed by the biological father that constitutes an act of: (i) Aggravated rape, as defined in § 39-13-502 ; (ii) Rape, as defined in § 39-13-503 ; (iii) Statutory rape or aggravated statutory rape, as defined in § 39-13-506 ; (iv) Rape of a child, as defined in § 39-13-522 ; (v) Aggravated rape of a child, as defined in § 39-13-531 ; (vi) Statutory rape by an authority figure, as defined in § 39-13-532 ; (vii) Especially aggravated rape, as defined in § 39-13-534 ; (viii) Especially aggravated rape of a child, as defined in § 39-13-535 ; or (ix) Incest, as defined in § 39-15-302 ; or (C) A parent or legal guardian of the unemancipated minor. (3) In a civil action arising from a violation of this section, the plaintiff may recover from the person who violated subsection (a): (A) Economic damages; (B) Noneconomic damages; (C) Punitive damages; and (D) Reasonable attorney fees and court costs. (f) (1) This section does not apply to the provision of a medical diagnosis or consultation regarding pregnancy care of an unemancipated minor. (2) As used in this subsection (f), a medical diagnosis or consultation regarding pregnancy care does not include performing or attempting to perform an abortion, as defined in § 39-15-213 , or arranging for travel for the unemancipated minor to procure an abortion or an abortion-inducing drug without the consent of the unemancipated minor's parent or legal guardian. (3) This section does not prohibit a licensed physician or another person from calling an ambulance for a minor patient if a medical emergency, as defined in § 39-15-218 , exists.

Legislative History

Added by 2024 Tenn. Acts, ch. 1032,s 1, eff. 7/1/2024. Prior version repealed by 2023 Tenn. Acts, ch. 313, s 4, eff. 4/28/2023.