895.038 Partial-birth abortions; liability.

251 words·~1 min read·/wi/chapter-895/895-038-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section:

(a)“Child” has the meaning given in s. 940.16

(a).

(b)“Partial-birth abortion” has the meaning given in s. 940.16

(b).

(a)Except as provided in par.

(b), any of the following persons has a claim for appropriate relief against a person who performs a partial-birth abortion:

1. If the person on whom a partial-birth abortion was performed was a minor, the parent of the minor.

2. The father of the child aborted by the partial-birth abortion.

(b)A person specified in par.

(a)1. or 2. does not have a claim under par.

(a)if any of the following apply:

1. The person consented to performance of the partial-birth abortion.

2. The pregnancy of the woman on whom the partial-birth abortion was performed was the result of a sexual assault in violation of s. 940.225 , 944.06 , 948.02 , 948.025 , 948.06 , 948.085 , or 948.09 that was committed by the person.

(3)The relief available under sub.

(2)shall include all of the following:

(a)If the abortion was performed in violation of s. 940.16 , damages arising out of the performance of the partial-birth abortion, including damages for personal injury and emotional and psychological distress.

(b)Exemplary damages equal to 3 times the cost of the partial-birth abortion.

(4)Subsection

(2)applies even if the mother of the child aborted by the partial-birth abortion consented to the performance of the partial-birth abortion.