The Ban Offshore Abortion Tourism Act (BOAT Act), H.R. 1639, would create a new federal crime prohibiting the performance of abortions in the admiralty and maritime jurisdiction of the United States. It makes it illegal to knowingly perform an abortion in this jurisdiction if it results in the death of a human fetus, punishable by fines and up to five years in prison. The bill provides three narrow exceptions: (a) if a medically necessary abortion is required to save the life of the pregnant woman; (b) abortions prompted by rape of an adult woman, with prior counseling or treatment for rape at least 48 hours before the procedure; and (c) abortions resulting from rape or incest involving a minor, provided the rape/incest has been reported to a government or law enforcement agency. The bill also bars prosecutions of the pregnant woman for violations of this new offense and allows civil actions for damages by the woman or, in certain cases, by a parent of a minor. Civil remedies can include damages for injuries, treble damages equal to three times the abortion cost, punitive damages, and attorney’s fees for prevailing parties. The act would insert a new Sec. 1532 into Chapter 74 of Title 18 U.S.C. and codify these provisions in the federal code. In short, the BOAT Act would ban performing abortions on ships or activities conducted under U.S. admiralty and maritime jurisdiction, while offering limited life-saving, rape-related, and minor-related exceptions, and providing broad civil remedies and penalties for violations.
Key Points
- 1New federal crime: Makes it illegal to knowingly perform an abortion in the admiralty and maritime jurisdiction of the United States, with penalties including fines and up to 5 years’ imprisonment.
- 2Narrow exceptions: The offense does not apply if (1) the abortion is medically necessary to save the life of the pregnant woman; (2) the pregnancy is the result of rape of an adult with counseling or treatment obtained at least 48 hours before the abortion; or (3) the pregnancy is the result of rape or incest involving a minor and has been reported to a government or law enforcement agency.
- 3Bar to prosecution for the pregnant woman: A woman who has an abortion in violation cannot be prosecuted under this section or for related conspiracy charges, or for related offenses under this title.
- 4Civil remedies: Allows civil actions by the woman or by a parent of a minor in certain cases for damages, including verifiable damages for injuries, triple damages equal to the abortion cost, and punitive damages; attorneys’ fees rules apply to prevailing parties.
- 5Limited damages against the woman: With one exception, the law generally blocks damages or fees against the woman who is the subject of the abortion, unless the plaintiff’s suit is deemed frivolous.
- 6Scope and labeling: The bill creates a new section (1532) in Chapter 74 to cover abortions within admiralty and maritime jurisdiction, clarifying where the offense applies (e.g., vessels and waters under U.S. jurisdiction).