Reproductive coercion

(a) Definition Title IV of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S. Code 12291 et seq.) is amended— (1) in section 40002— (A) in paragraph (12), by inserting the phrase, including reproductive coercion after the phrase coercive behavior; (B) by adding at the end the following: (53) Reproductive coercion The term reproductive coercion — (A) means control over the reproductive autonomy of another through sexual assault, force, threat of force, or intimidation; and (B) includes— (i) pressuring or coercing another to become pregnant or to terminate a pregnancy; (ii) deliberately or physically impeding, manipulating, or sabotaging contraception use or access to reproductive health information; or (iii) using coercive or manipulative tactics to control, or attempt to control, a pregnancy outcome either by the continuation of a pregnancy or the termination of a pregnancy.; and (2) by adding after section 40221 the following: 40222. Civil action for reproductive coercion and domestic violence (a) Private right of action An individual alleging that a covered defendant, in the circumstances described under subsection (b), engaged in domestic violence may bring a civil action against such covered defendant in a court of competent jurisdiction for damages under subsection (c). (b) Circumstances described For the purposes of subsection (a), the circumstances described in this subsection are that— (1) the covered defendant or victim traveled in interstate or foreign commerce, or traveled using means, channel, or facility, or instrumentality of interstate or foreign commerce, in furtherance of the conduct described in subsection (a); (2) the covered defendant used a means, channel, facility, or instrumentality of foreign commerce in furtherance of the conduct described in subsection (a); (3) any payment of any kind was made, directly or indirectly, in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce; (4) the covered defendant transmitted in interstate or foreign commerce any communication in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in any manner, including by computer, mail, wire, or electromagnetic transmission; (5) any instrument, item, substance, or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection (a); (6) the conduct described in subsection (a) occurred within the special maritime and territorial jurisdiction of the United States, or any territory or possession of the United States; or (7) the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce. (c) Damages In a civil action brought under subsection (a), the court may award— (1) actual damages; (2) punitive damages; and (3) any other relief the court determines appropriate, including injunctive relief. (d) Rule of construction Nothing in this Act shall be construed to— (1) modify, limit, or supersede the ability of a State court to grant or take away custody of children, property, or pets shared between the parties to the case; (2) modify, limit, or supersede the jurisdiction of a State court; (3) modify, limit, or supersede a State definition of domestic violence or reproductive coercion for the purpose of State law or any remedy available under State law; or (4) limit the ability for an Article III court to remand an entire case or portion of a case to a State court based on the case’s jurisdiction where appropriate. (e) Definitions In this section— (1) Domestic violence The term domestic violence means any violation of the law of the jurisdiction where the conduct occurred or the victim resides, by a covered defendant, including— (A) the use or attempted use of physical abuse or sexual abuse; (B) a single instance or pattern of reproductive coercion; and (C) any coercive behavior committed to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse. (2) Covered defendant The term covered defendant means, an individual, who with respect to a victim— (A) is the spouse, intimate partner, dating partner, or domestic partner or a previous spouse, intimate partner, dating partner, or domestic partner; (B) is a person similarly situated to a spouse or previous spouse; (C) is cohabitating, or has cohabitated, with the victim; (D) shares a child in common with the victim; or (E) is a non-intimate partner with a familial relationship, including a grandparent, aunt or uncle, parent, brother, sister, or in-law..