2022 South Carolina Code of Laws
Title 44 - Health
Chapter 41 - Abortions
Section 44-41-740. Civil action; damages; attorney's fees.

(A) A woman who meets any one or more of the following criteria may file a civil action in a court of competent jurisdiction:

(1) a woman on whom an abortion was performed or induced in violation of this article; or

(2) a woman on whom an abortion was performed or induced who was not given the information provided in Section 44-41-330.

(B) A woman who prevails in an action filed pursuant to subsection (A) shall receive the following from the person who committed the act or acts described in subsection (A):

(1) damages in an amount equal to ten thousand dollars or an amount determined by the trier of fact after consideration of the evidence; and

(2) court costs and reasonable attorney's fees.

(C) If the defendant in an action filed pursuant to subsection (A) prevails and the court finds that the commencement of the action constitutes frivolous conduct and that the defendant was adversely affected by the frivolous conduct, then the court shall award reasonable attorney's fees to the defendant; provided, however, that a conclusion of frivolousness cannot rest upon the unconstitutionality of the provision that was allegedly violated.

HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.

Validity

For the validity of this section, see Planned Parenthood South Atlantic v. Wilson, 26 F.4th 600 (4th Cir. February 22, 2022), vacated by Planned Parenthood South Atlantic v. Wilson, 2022 WL 2900658 (4th Cir. July 21, 2022); see Dobbs v. Jackson Women's Health Org., No. 19-1392, 597 U.S. _, 2022 WL 2276808 (U.S. June 24, 2022).