“To prohibit abortions in the admiralty and maritime jurisdiction of the United States, and for other purposes.”
No CRS summary available for this bill.
This section establishes a new federal criminal offense, codified at 18 U.S.C. §1532, prohibiting any person from knowingly performing an abortion in the admiralty and maritime jurisdiction of the United States (i.e., federal jurisdiction over navigable waters, including the high seas) that kills a human fetus, punishable by fine, imprisonment for up to five years, or both. It provides exceptions where (1) the abortion is necessary, in reasonable medical judgment, to save the life of a pregnant woman endangered by a physical disorder, illness, or injury (excluding psychological conditions); (2) the pregnancy results from rape of an adult woman, and she obtained rape counseling or medical treatment for the rape or related injury at least 48 hours prior; or (3) the pregnancy results from rape or incest against a minor, reported prior to the abortion to a government child abuse agency or law enforcement. The section bars criminal prosecution of the woman upon whom an abortion is performed or attempted in violation of the prohibition (including for conspiracy or related offenses under 18 U.S.C. §§2-4) and authorizes civil actions in federal district court by such women or parents of affected minors (unless the parent's criminal conduct caused the pregnancy) for objectively verifiable damages, statutory damages equal to three times the abortion cost, punitive damages, and reasonable attorney's fees (with fees awarded to prevailing defendants if the suit is frivolous and no monetary relief assessable against the woman except in such cases).