2022 Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 88 - FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT
Section 18-8807 - CIVIL CAUSES OF ACTION.
18-8807. CIVIL CAUSES OF ACTION. (1) Any female upon whom an abortion has been attempted or performed, the father of the preborn child, a grandparent of the preborn child, a sibling of the preborn child, or an aunt or uncle of the preborn child may maintain an action for:
(a) All damages from the medical professionals who knowingly or recklessly attempted, performed, or induced the abortion in violation of this chapter;
(b) Notwithstanding any other provision of law, statutory damages in an amount not less than twenty thousand dollars ($20,000) from the medical professionals who knowingly or recklessly attempted, performed, or induced an abortion in violation of this chapter; and
(c) Costs and attorney’s fees. [8803 8804]
(2) Notwithstanding any other provision of law, a person may bring an action under this section not later than four (4) years following the date the cause of action accrues.
(3) Notwithstanding any other provision of law, a civil cause of action under this section may not be brought by a person who impregnated the mother through an act of rape or incest.
(4) Notwithstanding any other provision of law, including chapter 1, title 12, Idaho Code, a court may not award costs or attorney’s fees to a defendant in an action brought under this section unless the defendant has complied with the applicable requirements of sections 18-8803 and 18-8804, Idaho Code.
(5) The civil causes of action provided for in this section exist independently of any criminal action commenced pursuant to this chapter. A civil cause of action may be pursued under the provisions of this chapter even if a criminal prosecution is not pursued.
(6) Notwithstanding any other provision of law, including chapters 14, 17, and 18, title 54, Idaho Code, the requirements of this section shall be enforced exclusively through the private civil causes of action described. No enforcement of this section may be taken or threatened against any person by this state, a political subdivision of this state, a prosecuting attorney, or an executive or administrative officer or employee of this state or a political subdivision of this state.
(7) Notwithstanding any other provision of law, this state, a state official, or a prosecuting attorney may not intervene in an action brought under this section. Nothing in this subsection shall prohibit a person described in this subsection from filing an amicus curiae brief in the action.
(8) Nothing in this section shall be deemed to affect any familial rights or responsibilities or any proceedings conducted under Idaho law.
History:
[(18-8807) 18-8707, added 2021, ch. 289, sec. 1, p. 869; am. and redesig. 2022, ch. 111, sec. 10, p. 374; am. and redesig. 2022, ch. 152, sec. 6, p. 534; am. 2022, ch. 153, sec. 1, p. 535.]
