HR5319-118

1. Short title This Act may be cited as the Ban Offshore Abortion Tourism Act or the BOAT Act.

2. Prohibiting abortion in the certain jurisdictions Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: Subject to subsection (b), any person who, in the admiralty and maritime jurisdiction of the United States, knowingly performs an abortion and thereby kills a human fetus shall be fined under this title, imprisoned not more than 5 years, or both. Subsection (a) does not apply if— in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions; the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion— she has obtained counseling for the rape; or she has obtained medical treatment for the rape or an injury related to the rape; or the pregnancy is a result of rape against a minor or incest against a minor, and the rape or incest has been reported at any time prior to the abortion to either— a government agency legally authorized to act on reports of child abuse; or a law enforcement agency. A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action before the appropriate district court of the United States against any person who committed the violation, obtain appropriate relief. A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action before the appropriate district court of the United States against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct. Appropriate relief in a civil action under this subsection includes— objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; statutory damages equal to three times the cost of the abortion; and punitive damages. If a plaintiff in a civil action under this subsection prevails, the court shall award a reasonable attorney’s fee in favor of the plaintiff against the defendant. If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff. Except under paragraph (5), in a civil action under this subsection, no damages, attorneys’ fees, or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. The table of sections for chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: 1532.Abortions in the admiralty and maritime jurisdiction of the United States(a)OffenseSubject to subsection (b), any person who, in the admiralty and maritime jurisdiction of the United States, knowingly performs an abortion and thereby kills a human fetus shall be fined under this title, imprisoned not more than 5 years, or both.(b)ExceptionSubsection (a) does not apply if—(1)in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions;(2)the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion—(A)she has obtained counseling for the rape; or(B)she has obtained medical treatment for the rape or an injury related to the rape; or(3)the pregnancy is a result of rape against a minor or incest against a minor, and the rape or incest has been reported at any time prior to the abortion to either—(A)a government agency legally authorized to act on reports of child abuse; or(B)a law enforcement agency.(c)Bar to prosecutionA woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation.(d)Civil remedies(1)Civil action by a woman on whom an abortion is performedA woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action before the appropriate district court of the United States against any person who committed the violation, obtain appropriate relief.(2)Civil action by a parent of a minor on whom abortion is performedA parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action before the appropriate district court of the United States against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct.(3)Appropriate reliefAppropriate relief in a civil action under this subsection includes—(A)objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (B)statutory damages equal to three times the cost of the abortion; and (C)punitive damages.(4)Attorneys’ fees for plaintiffIf a plaintiff in a civil action under this subsection prevails, the court shall award a reasonable attorney’s fee in favor of the plaintiff against the defendant.(5)Attorneys’ fees for defendantIf a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.(6)Award against woman upon whom abortion is performedExcept under paragraph (5), in a civil action under this subsection, no damages, attorneys’ fees, or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted.. 1532. Abortions in the admiralty and maritime jurisdiction of the United States.

1532. Abortions in the admiralty and maritime jurisdiction of the United States Subject to subsection (b), any person who, in the admiralty and maritime jurisdiction of the United States, knowingly performs an abortion and thereby kills a human fetus shall be fined under this title, imprisoned not more than 5 years, or both. Subsection (a) does not apply if— in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions; the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion— she has obtained counseling for the rape; or she has obtained medical treatment for the rape or an injury related to the rape; or the pregnancy is a result of rape against a minor or incest against a minor, and the rape or incest has been reported at any time prior to the abortion to either— a government agency legally authorized to act on reports of child abuse; or a law enforcement agency. A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action before the appropriate district court of the United States against any person who committed the violation, obtain appropriate relief. A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action before the appropriate district court of the United States against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct. Appropriate relief in a civil action under this subsection includes— objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; statutory damages equal to three times the cost of the abortion; and punitive damages. If a plaintiff in a civil action under this subsection prevails, the court shall award a reasonable attorney’s fee in favor of the plaintiff against the defendant. If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff. Except under paragraph (5), in a civil action under this subsection, no damages, attorneys’ fees, or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted.