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Arkansas Code Title 20. Public Health and Welfare § 20-16-2409. Penalties

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) A person who performs an abortion shall be subject to a fine of five thousand dollars ($5,000) for each abortion performed without complying with the requirements of § 20-16-2407.

(2) The abortion facility at which the abortion was performed shall be jointly and severally liable for each fine assessed under subdivision (a)(1) of this section.

(b) The fine imposed by this section is in addition to the criminal liability under the Woman's Right-to-Know Act, § 20-16-1701 et seq.

(c) The Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed may file an action to recover the fine assessed under subdivision (a)(1) of this section as well as reasonable and necessary attorney's fees and costs incurred in bringing the action.

(d)(1) Any person may bring a civil action to recover the civil penalty assessed under this section if:

(A) An action has not already been initiated by the Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed; and

(B) Another person has not already recovered a fine for that specific violation of this subchapter.

(2) If the person recovers the fine assessed under this section, the person may also recover attorney's fees and costs incurred in bringing the action.

(e) [Repealed by Acts of 2023, Act 703, § 7, eff. Aug. 1, 2023.]

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Cite this article: FindLaw.com - Arkansas Code Title 20. Public Health and Welfare § 20-16-2409. Penalties - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-16-2409/

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