Transportation of minors in circumvention of certain laws relating to abortion

Part I of title 18, United States Code, is amended by inserting after chapter 117 the following: 117A Transportation of minors in circumvention of certain laws relating to abortion Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion. 2432. Transportation of minors, in circumvention of certain laws relating to abortion, by individuals committing incest. 2431. Transportation of minors in circumvention of certain laws relating to abortion (a) Offense (1) Generally Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor’s abortion decision, in force in the State in which the minor resides, shall be fined under this title or imprisoned not more than 1 year, or both. (2) Definition For the purposes of this subsection, an abridgement of the right of a parent under a law requiring parental involvement in a minor’s abortion decision occurs if an abortion is performed or induced on the minor, in a State other than the State in which the minor resides or in a foreign country, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State in which the minor resides. (b) Exceptions (1) Life-endangering conditions The prohibition under subsection (a) shall not apply if the abortion is necessary to save the life of the minor because her life is endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. (2) Minors and parents A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 of this title based on a violation of this section. (c) Affirmative Defense It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant— (1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required by the law requiring parental involvement in a minor’s abortion decision, had the abortion been performed in the State in which the minor resides; or (2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor’s State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. (d) Civil Action Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection (a). (e) Definitions For the purposes of this section— (1) the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove a dead unborn child; (2) the term law requiring parental involvement in a minor’s abortion decision means a law— (A) requiring, before an abortion is performed on a minor, either— (i) the notification to, or consent of, a parent of that minor; or (ii) proceedings in a State court; and (B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; (3) the term minor means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor’s abortion decision; (4) the term parent means— (A) a parent or guardian; (B) a legal custodian; or (C) an individual standing in loco parentis— (i) who has care and control of the minor; (ii) with whom the minor regularly resides; and (iii) who is designated by the law requiring parental involvement in a minor’s abortion decision as an individual to whom notification, or from whom consent, is required; and (5) the term State includes— (A) the District of Columbia; (B) any commonwealth, possession, or other territory of the United States; and (C) any Indian Tribe or reservation. 2432. Transportation of minors, in circumvention of certain laws relating to abortion, by individuals committing incest (a) Offense Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that such minor obtain an abortion, shall be fined under this title or imprisoned not more than 1 year, or both. (b) Definitions For the purposes of this section, the terms abortion, minor, and State have the meanings given those terms in section 2435..