(a) A cause of action for civil damages against an individual who has performed a dismemberment abortion in violation of Section 26-23G-3 may be maintained by any of the following:

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7

Terms Used In Alabama Code 26-23G-5

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • following: means next after. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(1) Any woman upon whom a dismemberment abortion has been performed in violation of Section 26-23G-3.
(2) The father of the unborn child, if married to the woman at the time the dismemberment abortion was performed.
(3) If the woman had not attained the age of 18 years at the time of the dismemberment abortion or has died as a result of the abortion, the maternal grandparents of the unborn child.
(b) No damages may be awarded a plaintiff if the pregnancy resulted from criminal conduct of the plaintiff.
(c) Damages awarded in such an action shall include all of the following:

(1) Money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion.
(2) Statutory damages equal to three times the cost of the dismemberment abortion.
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