(1) Only in the event a cause of action for injunctive relief under Section 41-41-157 has been denied by a court of competent jurisdiction, a cause of action for civil damages against a person who has performed a dismemberment abortion in violation of Section 41-41-155 may be maintained by: (a) Any woman upon whom a dismemberment abortion has been performed in violation of Section 41-41-155;(b) The father of the unborn child, if married to the woman at the time the dismemberment abortion was performed; or(c) If the woman had not attained the age of eighteen (18) years at the time of the dismemberment abortion or has died as a result of the abortion, the maternal grandparents of the unborn child.(2) No damages may be awarded a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.(3) Damages awarded in such an action shall include: (a) Money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion; and(b) Statutory damages equal to three (3) times the cost of the dismemberment abortion.Added by Laws, 2016, ch. 422, HB 519, 5, eff. 7/1/2016.
Mississippi Legal Code