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§ 1-740.4b. Unlawful acts--Defense--Civil action--Consent

Oklahoma Statutes AnnotatedTitle 63. Public Health and Safety

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 1. Public Health Code
Article 7. Hospitals and Related Institutions
C-5. Abortion Performed upon Unemancipated Minors
63 Okl.St.Ann. § 1-740.4b
§ 1-740.4b. Unlawful acts--Defense--Civil action--Consent
Currentness
A. A person who knowingly or recklessly uses a false governmental record or makes a fraudulent representation or statement in order to obtain an abortion for a minor in violation of this title or intentionally causes, aids, abets or assists an unemancipated minor to obtain an abortion without the consent required by Section 1-740.2 of this title commits a felony.
B. A physician who intentionally or knowingly performs an abortion on a pregnant unemancipated minor in violation of this title commits a felony.
C. 1. It is a defense to prosecution under subsection B of this section if the person falsely representing himself or herself as the parent or guardian of the minor displayed an apparently valid governmental record of identification such that a reasonable person, under similar circumstances, would have relied on the representation.
2. The defense does not apply if the physician, or agent of the physician, failed to use due diligence in determining the age of the minor or the identity of the person represented as the parent or guardian of the minor.
D. A person who knowingly or recklessly uses a false governmental record or makes a fraudulent representation or statement in order to obtain an abortion for a minor in violation of this title or intentionally causes, aids, abets or assists an unemancipated minor to obtain an abortion without the consent required by Section 1-740.2 of this title or any physician who intentionally or knowingly performs an abortion on a pregnant unemancipated minor in violation of this title shall be civilly liable to the minor and to the person or persons required to give consent pursuant to the provisions of Section 1-740.2 of this title. A court may award damages to the person or persons adversely affected by a violation of this section including compensation for emotional injury without the need for personal presence at the act or event, and the court may further award attorney fees, litigation costs, and punitive damages. Any adult who engages in or consents to another person engaging in a sexual act with a minor, which results in the minor's pregnancy, shall not be awarded damages under this section.
E. A court of competent jurisdiction may enjoin conduct that would be in violation of this section upon petition by the Attorney General, a district attorney or any person adversely affected or who reasonably may be adversely affected by such conduct, upon a showing that such conduct:
1. Is reasonably anticipated to occur in the future; or
2. Has occurred in the past, whether with the same minor or others, and that it is reasonably expected to be repeated.
F. It is not a defense to a claim brought pursuant to this section that the minor gave informed and voluntary consent.
G. An unemancipated minor does not have the capacity to consent to any action that violates this title.

Credits

Laws 2007, c. 161, § 9, eff. Nov. 1, 2007; Laws 2015, c. 387, § 1, eff. Nov. 1, 2015.
63 Okl. St. Ann. § 1-740.4b, OK ST T. 63 § 1-740.4b
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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