2019 Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 2 - Law Enforcement Agencies and Programs
Chapter 18 - Child Maltreatment Act
Subchapter 2 - Offenses and Penalties
§ 12-18-210. Prohibition on Intentionally Causing, Aiding, Abetting, or Assisting a Child to Obtain an Abortion Without Parental Consent

Universal Citation: AR Code § 12-18-210 (2019)
  • (a)

    • (1) A person shall not intentionally cause, aid, or assist a child to obtain an abortion without the consent or notification regarding judicial bypass of the requirement for consent under §§ 20-16-801, 20-16-804, and 20-16-805.

    • (2) Subdivision (a)(1) of this section does not affect § 20-16-808.

  • (b)

    • (1) A person who violates subsection (a) of this section shall be civilly liable to the child and to the person or persons required to give the consent under § 20-16-801.

    • (2) A court may award:

      • (A) Damages to the person or persons adversely affected by a violation of subsection (a) of this section, including compensation for emotional injury without the need for personal presence at the act or event; and

      • (B) Attorney's fees, litigation costs, and punitive damages.

    • (3) An adult who engages in or consents to another person's engaging in a sexual act with a child in violation of the Arkansas Criminal Code, § 5-1-101 et seq., that results in the child's pregnancy shall not be awarded damages under this section.

  • (c) An unemancipated child does not have capacity to consent to any action in violation of this section.

  • (d) Upon a petition by any person adversely affected or who reasonably may be adversely affected by the conduct, a court of competent jurisdiction may enjoin conduct that would violate this section upon a showing that the conduct:

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

    • (2) Has occurred in the past, whether with the same child or others, and that it is not unreasonable to expect that the conduct will be repeated.

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