§ 44-41-680

(A) In addition to all other remedies available under common or statutory law, failure to comply with the requirements of this article shall provide the basis for a civil action further described in this section. (B) A pregnant woman upon whom an abortion has been performed, induced, or coerced in violation of this article may maintain an action against the person who violated this article for actual and punitive damages. In addition to all other damages, and separate and distinct from all other damages, a plaintiff is entitled to statutory damages of ten thousand dollars for each violation of this article to be imposed on each defendant found to have violated this article. (C) A separate and distinct cause of action for injunctive relief against any person who has violated this article may be maintained by: (1) the woman upon whom the abortion was performed or induced in violation of this article; (2) the parent or guardian of the pregnant woman if she had not attained the age of eighteen years at the time of the abortion or died as a result of the abortion; (3) a solicitor or prosecuting attorney with proper jurisdiction; or (4) the Attorney General.

not attained the age of eighteen years at the time of the abortion or died as a result of the abortion; (3) a solicitor or prosecuting attorney with proper jurisdiction; or (4) the Attorney General. (D) If a plaintiff prevails in an action initiated pursuant to this section the court shall award the plaintiff reasonable costs and attorney's fees. (E) No damages, costs, or attorney's fees may be assessed against the woman upon whom an abortion was performed or induced. (F) Under no circumstances may civil damages be awarded to a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct. (G) A civil cause of action pursuant to this section must be brought within three years of the date of the abortion and is not subject to the limitations and requirements contained in Chapter 79, Title 15. HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021; 2023 Act No. 70 (S.474), Section 2, eff May 25, 2023.