188.250. Causing, aiding, or assisting a minor to obtain an abortion prohibited, civil penalty--impermissible defenses--court injunction authorized, when. - Missouri Statutes

Causing, aiding, or assisting a minor to obtain an abortionprohibited, civil penalty--impermissible defenses--courtinjunction authorized, when.

188.250. 1. No person shall intentionally cause, aid, or assist aminor to obtain an abortion without the consent or consents required bysection 188.028.

2. A person who violates subsection 1 of this section shall becivilly liable to the minor and to the person or persons required to givethe consent or consents under section 188.028. A court may award damagesto the person or persons adversely affected by a violation of subsection 1of this section, including compensation for emotional injury without theneed for personal presence at the act or event, and the court may furtheraward attorneys' fees, litigation costs, and punitive damages. Any adultwho engages in or consents to another person engaging in a sex act with aminor in violation of the provisions of chapter 566, 567, 568, or 573,RSMo, which results in the minor's pregnancy shall not be awarded damagesunder this section.

3. It shall not be a defense to a claim brought under this sectionthat the abortion was performed or induced pursuant to consent to theabortion given in a manner that is otherwise lawful in the state or placewhere the abortion was performed or induced.

4. An unemancipated minor does not have capacity to consent to anyaction in violation of this section or section 188.028.

5. A court may enjoin conduct that would be in violation of thissection upon petition by the attorney general, a prosecuting or circuitattorney, or any person adversely affected or who reasonably may beadversely affected by such conduct, upon a showing that such conduct:

(1) Is reasonably anticipated to occur in the future; or

(2) Has occurred in the past, whether with the same minor or others,and that it is not unreasonable to expect that such conduct will berepeated.

(L. 2005 1st Ex. Sess. S.B. 1)

Effective 9-15-05

(2007) Section, as narrowly construed to exclude speech or expressive conduct, is constitutional. Planned Parenthood of Kansas v. Nixon, 220 S.W.3d 732 (Mo.banc).