895.037 Abortions on or for a minor without parental consent or judicial waiver.
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895.037 Abortions on or for a minor without parental consent or judicial waiver.
(1)Definitions. In this section:
(a)“Abortion” has the meaning given in s. 48.375
(a).
(c)“Emancipated minor” has the meaning given in s. 48.375
(e).
(2)Penalties.
(a)Any person who, in violation of s. 48.375
(4), intentionally performs or induces an abortion on or for a minor whom the person knows or has reason to know is not an emancipated minor may be required to forfeit not more than $10,000.
(b)Any person who intentionally violates s. 48.375
(e)or 809.105
(12)may be required to forfeit not more than $10,000.
(3)Civil remedies.
(a)A person who intentionally violates s. 48.375
(4)is liable to the minor on or for whom the abortion was performed or induced and to the minor’s parent, guardian and legal custodian for damages arising out of the performance or inducement of the abortion including, but not limited to, damages for personal injury and emotional and psychological distress.
(b)If a person who has been awarded damages under par.
(a)proves by clear and convincing evidence that the violation of s. 48.375
(4)was willful, wanton or reckless, that person shall also be entitled to punitive damages.
(c)A conviction under sub.
(a)is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this subsection.