Forced Abortion Prevention and Accountability Act
This bill would create a new federal crime and civil remedy connected to the non-consensual administration of abortion-inducing drugs. Titled the Forced Abortion Prevention and Accountability Act, it adds a new offense under title 18 (the federal criminal code): it is illegal to knowingly and intentionally administer an abortion-inducing drug to a pregnant woman without her informed consent if the drug has been shipped or transported in interstate commerce. The offense carries fines and up to 25 years in prison, with an additional potential penalty if the act results in serious bodily injury or death. The bill also provides a civil action for the injured woman, allowing damages (including treble damages), punitive damages, and attorneys’ fees. It defines key terms (e.g., abortion, abortion-inducing drug, informed consent) and adjusts some structural elements of the U.S. Code to reflect the new offense. In short, the bill would federalize the crime of non-consensual administration of abortion-inducing drugs in interstate commerce and offer a civil damages remedy to victims, while expanding the statutory labeling of the relevant chapter and updating associated headings. Sponsor and status notes: The bill, introduced in the Senate, is named the Forced Abortion Prevention and Accountability Act. It lists multiple sponsors and is introduced but not yet enacted.
Key Points
- 1New federal offense: Section 1532, “Forced abortions prohibited.” Criminalizes knowingly and intentionally administering an abortion-inducing drug to a pregnant woman without her informed consent, where the drug was shipped or transported in interstate or foreign commerce. Penalty: fines, imprisonment for up to 25 years, or both.
- 2Enhanced penalties for harm: If non-consensual administration results in serious bodily injury or death, the offender can receive up to an additional 25 years in prison (in addition to any term under the main offense) and/or additional fines.
- 3Civil remedy for victims: A woman harmed by such an act can sue the person who administered or conspired to administer the drug. Remedies include compensatory damages for injuries, triple damages (three times the cost of injuries), punitive damages, and attorney’s fees for the prevailing plaintiff; provisions also cover fees if the plaintiff’s suit is deemed frivolous.
- 4Definitions and scope:
- 5- “Abortion” includes using or prescribing drugs to kill the unborn child or terminate a pregnancy (with certain exceptions after viability).
- 6- “Abortion-inducing drug” includes any drug prescribed, dispensed, or administered to cause an abortion (explicitly named examples include mifepristone and misoprostol).
- 7- “Informed consent” requires voluntary, knowing agreement after full information about the drug’s nature, purposes, risks, and consequences.
- 8- “Conspires to commit an offense” covers distribution or shipping of abortion-inducing drugs to ensure the recipient is a pregnant woman seeking an abortion.
- 9- “Unborn child” references a definition used elsewhere in the U.S. Code.
- 10Structural changes: The bill would insert a new section 1532 into Chapter 74 of Title 18, adjust the table of sections, and modify chapter headings from “Partial-Birth Abortion” to just “Abortions.”