II 

118TH CONGRESS 

1ST SESSION S. 78 

To amend title 18, United States Code, to prohibit taking minors across 

State lines in circumvention of laws requiring the involvement of parents 

in abortion decisions. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2023 

Mr. RUBIO (for himself, Mrs. HYDE-SMITH, Mr. RISCH, Mr. LANKFORD, Mr. 

THUNE, Mr. CRUZ, Mr. SCOTT of South Carolina, Mr. CRAMER, Mr. 

BRAUN, Mr. HAWLEY, Mr. KENNEDY, Mrs. FISCHER, Mr. CASSIDY, and 

Mr. MARSHALL) introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit taking 

minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Interstate Abor5 tion Notification Act of 2023’’. 


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1 SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION 

2 OF CERTAIN LAWS RELATING TO ABORTION. 

3 Part I of title 18, United States Code, is amended 

4 by inserting after chapter 117 the following: 

5 ‘‘CHAPTER 117A—TRANSPORTATION OF 

6 MINORS IN CIRCUMVENTION OF CER7 TAIN LAWS RELATING TO ABORTION 

‘‘Sec. 

‘‘2431. Transportation of minors in circumvention of certain laws relating to 

abortion. 

‘‘2432. Transportation of minors in circumvention of certain laws relating to 

abortion and incest. 

8 ‘‘§ 2431. Transportation of minors in circumvention of 

9 certain laws relating to abortion 

10 ‘‘(a) OFFENSE.— 

11 ‘‘(1) GENERALLY.—Except as provided in sub12 section (b), whoever knowingly transports a minor 

13 across a State line, with the intent that the minor 

14 obtain an abortion, and thereby in fact abridges the 

15 right of a parent of the minor under a law requiring 

16 parental involvement in a minor’s abortion decision, 

17 in force in the State in which the minor resides, 

18 shall be fined under this title or imprisoned not 

19 more than 1 year, or both. 

20 ‘‘(2) DEFINITION.—For the purposes of this 

21 subsection, an abridgement of the right of a parent 

22 of a minor occurs if an abortion is performed or in23 duced on the minor, in a State other than the State 


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1 in which the minor resides or in a foreign country, 

2 without the parental consent or notification, or the 

3 judicial authorization, that would have been required 

4 under a law requiring parental involvement in a mi5 nor’s abortion decision had the abortion been per6 formed in the State in which the minor resides. 

7 ‘‘(b) EXCEPTIONS.— 

8 ‘‘(1) LIFE-ENDANGERING CONDITIONS.—The 

9 prohibition under subsection (a) shall not apply if 

10 the abortion is necessary to save the life of the 

11 minor because her life is endangered by a physical 

12 disorder, physical injury, or physical illness, includ13 ing a life endangering physical condition caused by 

14 or arising from the pregnancy itself. 

15 ‘‘(2) MINORS AND PARENTS.—A minor trans16 ported in violation of this section, and any parent of 

17 that minor, may not be prosecuted or sued for a vio18 lation of this section, a conspiracy to violate this sec19 tion, or an offense under section 2 or 3 of this title 

20 based on a violation of this section. 

21 ‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative 

22 defense to a prosecution for an offense, or to a civil action, 

23 based on a violation of this section that the defendant— 

24 ‘‘(1) reasonably believed, based on information 

25 the defendant obtained directly from a parent of the 


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1 minor, that before the minor obtained the abortion, 

2 the parental consent or notification took place that 

3 would have been required under the law requiring 

4 parental involvement in a minor’s abortion decision, 

5 had the abortion been performed in the State in 

6 which the minor resides; or 

7 ‘‘(2) was presented with documentation showing 

8 with a reasonable degree of certainty that a court in 

9 the minor’s State of residence waived any parental 

10 notification required by the laws of that State, or 

11 otherwise authorized that the minor be allowed to 

12 procure an abortion. 

13 ‘‘(d) CIVIL ACTION.—Any parent who suffers harm 

14 from a violation of subsection (a) may obtain appropriate 

15 relief in a civil action unless the parent has committed 

16 an act of incest with the minor described in subsection 

17 (a). 

18 ‘‘(e) DEFINITIONS.—For the purposes of this sec19 tion— 

20 ‘‘(1) the term ‘abortion’ means the use or pre21 scription of any instrument, medicine, drug, or other 

22 substance or device to intentionally— 

23 ‘‘(A) kill the unborn child of a woman 

24 known to be pregnant; or 


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1 ‘‘(B) prematurely terminate the pregnancy 

2 of a woman known to be pregnant, with an in3 tention other than to— 

4 ‘‘(i) increase the probability of a live 

5 birth or of preserving the life or health of 

6 the child after live birth; or 

7 ‘‘(ii) remove a dead unborn child; 

8 ‘‘(2) the term ‘law requiring parental involve9 ment in a minor’s abortion decision’ means a law— 

10 ‘‘(A) requiring, before an abortion is per11 formed on a minor, either— 

12 ‘‘(i) the notification to, or consent of, 

13 a parent of that minor; or 

14 ‘‘(ii) proceedings in a State court; and 

15 ‘‘(B) that does not provide as an alter16 native to the requirements described in sub17 paragraph (A) notification to or consent of any 

18 person or entity not described in that subpara19 graph; 

20 ‘‘(3) the term ‘minor’ means an individual who 

21 is not older than the maximum age requiring paren22 tal notification or consent, or proceedings in a State 

23 court, under a law requiring parental involvement in 

24 a minor’s abortion decision; 

25 ‘‘(4) the term ‘parent’ means— 


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1 ‘‘(A) a parent or guardian; 

2 ‘‘(B) a legal custodian; or 

3 ‘‘(C) an individual standing in loco 

4 parentis— 

5 ‘‘(i) who has care and control of the 

6 minor; 

7 ‘‘(ii) with whom the minor regularly 

8 resides; and 

9 ‘‘(iii) who is designated by the law re10 quiring parental involvement in the minor’s 

11 abortion decision as an individual to whom 

12 notification, or from whom consent, is re13 quired; and 

14 ‘‘(5) the term ‘State’ includes— 

15 ‘‘(A) the District of Columbia; 

16 ‘‘(B) any commonwealth, possession, or 

17 other territory of the United States; and 

18 ‘‘(C) any Indian Tribe or reservation. 

19 ‘‘§ 2432. Transportation of minors in circumvention of 

20 certain laws relating to abortion and in21 cest 

22 ‘‘(a) OFFENSE.—Notwithstanding section 

23 2431(b)(2), whoever has committed an act of incest with 

24 a minor and knowingly transports the minor across a 

25 State line with the intent that the minor obtain an aborVerDate Sep 11 2014 02:51 Feb 01, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S78.IS S78

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1 tion, shall be fined under this title or imprisoned not more 

2 than 1 year, or both. 

3 ‘‘(b) DEFINITIONS.—For the purposes of this section, 

4 the terms ‘abortion’, ‘minor’, and ‘State’ have the mean5 ings given those terms in section 2435.’’. 

6 SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION. 

7 Part I of title 18, United States Code, is amended 

8 by inserting after chapter 117A (as added by section 2) 

9 the following: 

10 ‘‘CHAPTER 117B—CHILD INTERSTATE 

11 ABORTION NOTIFICATION 

‘‘Sec. 

‘‘2435. Child interstate abortion notification. 

12 ‘‘§ 2435. Child interstate abortion notification 

13 ‘‘(a) OFFENSE.— 

14 ‘‘(1) GENERALLY.—A physician who knowingly 

15 performs or induces an abortion on a minor in viola16 tion of the requirements of this section shall be fined 

17 under this title or imprisoned not more than 1 year, 

18 or both. 

19 ‘‘(2) PARENTAL NOTIFICATION.— 

20 ‘‘(A) ACTUAL NOTICE.—A physician who 

21 performs or induces an abortion on a minor 

22 who is a resident of a State other than the 

23 State in which the abortion is performed or in24 duced shall provide, or cause his or her agent 


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1 to provide, not less than 24 hours actual notice 

2 to a parent of the minor before performing or 

3 inducing the abortion. 

4 ‘‘(B) CONSTRUCTIVE NOTICE.—If actual 

5 notice to a parent under subparagraph (A) is 

6 not accomplished after a reasonable effort has 

7 been made, not less than 24 hours constructive 

8 notice shall be given to a parent of the minor 

9 before the abortion is performed or induced. 

10 ‘‘(b) EXCEPTIONS.—The notification requirement 

11 under subsection (a)(2) shall not apply if— 

12 ‘‘(1) the abortion is performed or induced in a 

13 State that has in force a law requiring parental in14 volvement in a minor’s abortion decision and the 

15 physician complies with the requirements of that 

16 law; 

17 ‘‘(2) the physician is presented with documenta18 tion showing with a reasonable degree of certainty 

19 that a court in the minor’s State of residence has 

20 waived any parental notification required by the laws 

21 of that State, or has otherwise authorized that the 

22 minor be allowed to procure an abortion; 

23 ‘‘(3) the minor declares in a signed written 

24 statement that she is the victim of sexual abuse, ne25 glect, or physical abuse by a parent, and, before an 


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1 abortion is performed on the minor, the physician 

2 notifies the authorities specified to receive reports of 

3 child abuse or neglect by the law of the State in 

4 which the minor resides of the known or suspected 

5 abuse or neglect; 

6 ‘‘(4) the abortion is necessary to save the life 

7 of the minor because her life was endangered by a 

8 physical disorder, physical injury, or physical illness, 

9 including a life endangering physical condition 

10 caused by or arising from the pregnancy itself, ex11 cept that an exception under this paragraph shall 

12 not apply unless the attending physician or an agent 

13 of such physician, not later than 24 hours after com14 pletion of the abortion, notifies a parent of the 

15 minor in writing that an abortion was performed on 

16 the minor and of the circumstances that warranted 

17 invocation of this paragraph; or 

18 ‘‘(5) the minor is physically accompanied by a 

19 person who presents the physician or his or her 

20 agent with documentation showing with a reasonable 

21 degree of certainty that he or she is in fact the par22 ent of that minor. 

23 ‘‘(c) CIVIL ACTION.—Any parent who suffers harm 

24 from a violation of subsection (a) may obtain appropriate 

25 relief in a civil action unless the parent has committed 


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1 an act of incest with the minor described in subsection 

2 (a). 

3 ‘‘(d) DEFINITIONS.—For the purposes of this sec4 tion— 

5 ‘‘(1) the term ‘abortion’ means the use or pre6 scription of any instrument, medicine, drug, or other 

7 substance or device to intentionally— 

8 ‘‘(A) kill the unborn child of a woman 

9 known to be pregnant; or 

10 ‘‘(B) prematurely terminate the pregnancy 

11 of a woman known to be pregnant, with an in12 tention other than to— 

13 ‘‘(i) increase the probability of a live 

14 birth or of preserving the life or health of 

15 the child after live birth; or 

16 ‘‘(ii) remove a dead unborn child; 

17 ‘‘(2) the term ‘actual notice’ means the giving 

18 of written notice directly, in person, by the physician 

19 or any agent of the physician; 

20 ‘‘(3) the term ‘constructive notice’ means notice 

21 that is given by certified mail, return receipt re22 quested, restricted delivery to the last known ad23 dress of the person being notified, with delivery 

24 deemed to have occurred 48 hours following noon on 

25 the next day subsequent to mailing on which regular 


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1 mail delivery takes place, excluding days on which 

2 mail is not delivered; 

3 ‘‘(4) the term ‘law requiring parental involve4 ment in a minor’s abortion decision’ means a law— 

5 ‘‘(A) requiring, before an abortion is per6 formed on a minor, either— 

7 ‘‘(i) the notification to, or consent of, 

8 a parent of that minor; or 

9 ‘‘(ii) proceedings in a State court; and 

10 ‘‘(B) that does not provide as an alter11 native to the requirements described in sub12 paragraph (A) notification to or consent of any 

13 person or entity not described in that subpara14 graph; 

15 ‘‘(5) the term ‘minor’ means an individual 

16 who— 

17 ‘‘(A) has not attained the age of 18 years; 

18 and 

19 ‘‘(B) is not emancipated under the law of 

20 the State in which the individual resides; 

21 ‘‘(6) the term ‘parent’ means— 

22 ‘‘(A) a parent or guardian; 

23 ‘‘(B) a legal custodian; or 

24 ‘‘(C) an individual standing in loco 

25 parentis— 


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1 ‘‘(i) who has care and control of the 

2 minor; and 

3 ‘‘(ii) with whom the minor regularly 

4 resides, 

5 as determined by State law; 

6 ‘‘(7) the term ‘physician’ means— 

7 ‘‘(A) a doctor of medicine legally author8 ized to practice medicine by the State in which 

9 the doctor practices medicine; or 

10 ‘‘(B) any other person legally empowered 

11 under State law to perform an abortion; and 

12 ‘‘(8) the term ‘State’ includes— 

13 ‘‘(A) the District of Columbia; 

14 ‘‘(B) any commonwealth, possession, or 

15 other territory of the United States; and 

16 ‘‘(C) any Indian Tribe or reservation.’’. 

17 SEC. 4. CLERICAL AMENDMENT. 

18 The table of chapters at the beginning of part I of 

19 title 18, United States Code, is amended by inserting after 

20 the item relating to chapter 117 the following new items: 

‘‘117A. Transportation of minors in circumvention of 

certain laws relating to abortion .................... 2431

‘‘117B. Child interstate abortion notification ........................ 2435’’. 

21 SEC. 5. SEVERABILITY AND EFFECTIVE DATE. 

22 (a) SEVERABILITY.—The provisions of this Act shall 

23 be severable. If any provision of this Act, or any applica24 tion thereof, is found unconstitutional, that finding shall 


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1 not affect any provision or application of the Act not so 

2 adjudicated. 

3 (b) EFFECTIVE DATE.—This Act and the amend4 ments made by this Act shall take effect 45 days after 

5 the date of enactment of this Act. 

Æ 


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