Effective - 15 Sep 2005
188.250. Causing, aiding, or assisting a minor to obtain an abortion prohibited, civil penalty — impermissible defenses — court injunction authorized, when. — 1. No person shall intentionally cause, aid, or assist a minor to obtain an abortion without the consent or consents required by section 188.028.
2. A person who violates subsection 1 of this section shall be civilly liable to the minor and to the person or persons required to give the consent or consents under section 188.028. A court may award damages to the person or persons adversely affected by a violation of subsection 1 of this section, including compensation for emotional injury without the need for personal presence at the act or event, and the court may further award attorneys' fees, litigation costs, and punitive damages. Any adult who engages in or consents to another person engaging in a sex act with a minor in violation of the provisions of chapter 566, 567, 568, or 573 which results in the minor's pregnancy shall not be awarded damages under this section.
3. It shall not be a defense to a claim brought under this section that the abortion was performed or induced pursuant to consent to the abortion given in a manner that is otherwise lawful in the state or place where the abortion was performed or induced.
4. An unemancipated minor does not have capacity to consent to any action in violation of this section or section 188.028.
5. A court may enjoin conduct that would be in violation of this section upon petition by the attorney general, a prosecuting or circuit attorney, or any person adversely affected or who reasonably may be adversely 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 be repeated.
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(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).
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 188 - Regulation of Abortions
Section 188.010 - Intent of general assembly.
Section 188.015 - Definitions.
Section 188.018 - Severability clause.
Section 188.020 - Physician, required to perform.
Section 188.023 - Reports of rape or under age eighteen sexual abuse, required to report, how.
Section 188.025 - Hospital required, when.
Section 188.028 - Minors, abortion requirements and procedure.
Section 188.035 - Death of child aborted alive deemed murder in second degree, when.
Section 188.037 - Experimentation with fetus, or child aborted alive, prohibited, exception.
Section 188.043 - Medical malpractice insurance required to perform an abortion.
Section 188.055 - Forms to be supplied to health facilities and physicians.
Section 188.060 - Records to be retained for seven years.
Section 188.065 - Revocation of license, when.
Section 188.070 - Breach of confidentiality prohibited.
Section 188.100 - Definitions.
Section 188.115 - Severability clause.
Section 188.130 - No cause of action for wrongful life.
Section 188.160 - Whistleblower protection policy, required when — rulemaking authority.
Section 188.200 - Definitions.
Section 188.205 - Use of public funds prohibited, when.
Section 188.210 - Public employees, activities prohibited, when.
Section 188.215 - Use of public facilities prohibited, when.
Section 188.220 - Taxpayer standing to bring suit, when, where.