2019 Mississippi Code
Title 41 - Public Health
Chapter 41 - Surgical or Medical Procedures; Consents
Mississippi Unborn Child Protection From Dismemberment Abortion Act
§ 41-41-157. Remedies — Injunctions against dismemberment abortions

Universal Citation: MS Code § 41-41-157 (2019)
  • (1) Civil and criminal penalties for violations of Sections 41-41-151 through 41-41-169 may be imposed under the following priority:

    • (a) Injunctive relief;

    • (b) Civil cause of action; and

    • (c) Criminal action.

  • (2) A cause of action for injunctive relief against a person who has performed or attempted to perform a dismemberment abortion in violation of Section 41-41-155 may be maintained as a priority action by:

    • (a) A woman upon whom such a dismemberment abortion was performed or attempted to be performed;

    • (b) A person who is the spouse, parent or guardian of, or a current or former licensed health care provider of, a woman upon whom such a dismemberment abortion was performed or attempted to be performed; or

    • (c) A prosecuting attorney with appropriate jurisdiction.

  • (3) The injunction shall prevent the defendant from performing or attempting to perform further dismemberment abortions in violation of Section 41-41-155 in this state.

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