§ 63-1-740.4b. Unlawful acts - Defense - Civil action - Consent.

A.  A person who knowingly or recklessly uses a false governmental record or makes a fraudulent representation or statement in order to obtain an abortion for a minor in violation of this act commits a felony.

B.  A physician who intentionally or knowingly performs an abortion on a pregnant unemancipated minor in violation of this act commits a felony.

C.  1.  It is a defense to prosecution under subsection B of this section if the person falsely representing himself or herself as the parent or guardian of the minor displayed an apparently valid governmental record of identification such that a reasonable person, under similar circumstances, would have relied on the representation.

2.  The defense does not apply if the physician, or agent of the physician, failed to use due diligence in determining the age of the minor or the identity of the person represented as the parent or guardian of the minor.

D.  An unemancipated minor, or the parent of the minor, upon whom an abortion has been performed, or attempted to be performed, without complying with this act may maintain a cause of action against the person who performed, or attempted to perform, the abortion.

E.  It is not a defense to a claim brought pursuant to this section that the minor gave informed and voluntary consent.

F.  An unemancipated minor does not have the capacity to consent to any action that violates this act.

Added by Laws 2007, c. 161, § 9, eff. Nov. 1, 2007.