50-20-215. Criminal and civil penalties. - Montana Statutes

     50-20-215. Criminal and civil penalties. (1) A person convicted of performing an abortion in violation of 50-20-204 or 50-20-205 shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
     (2) Failure to provide the notice required under 50-20-204 or 50-20-205 is prima facie evidence in an appropriate civil action for a violation of a professional obligation. The evidence does not apply to issues other than failure to notify the parents or guardian. A civil action may be based on a claim that the failure to notify was the result of a violation of the appropriate legal standard of care. Failure to provide notice is presumed to be actual malice pursuant to the provisions of 27-1-221. This part does not limit the common-law rights of parents.
     (3) A person who coerces a minor to have an abortion is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. On a second or subsequent conviction, the person shall be fined an amount not less than $500 and not more than $50,000 and be imprisoned in the state prison for a term not less than 10 days and not more than 5 years, or both.
     (4) A person not authorized to receive notice under 50-20-205 who signs a notice of waiver as provided in 50-20-208(2) is guilty of a misdemeanor.

     History: En. Sec. 10, Ch. 469, L. 1995.