II 

115TH CONGRESS 

1ST SESSION S. 1173 

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 

MAY 18, 2017 

Mr. PORTMAN 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 Custody Protec5 tion Act of 2017’’. 


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1 SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION 

2 OF CERTAIN LAWS RELATING TO ABORTION. 

3 (a) IN GENERAL.—Part I of title 18, United States 

4 Code, is amended by inserting after chapter 117 the fol5 lowing: 

6 ‘‘CHAPTER 117A—TRANSPORTATION OF 

7 MINORS IN CIRCUMVENTION OF CER8 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 incest. 

9 ‘‘§ 2431. Transportation of minors in circumvention of 

10 certain laws relating to abortion 

11 ‘‘(a) DEFINITIONS.—In this section— 

12 ‘‘(1) the term ‘law requiring parental involve13 ment in a minor’s abortion decision’ means a law in 

14 force in the State in which a minor resides that— 

15 ‘‘(A) requires, before an abortion is per16 formed on the minor— 

17 ‘‘(i) notification to, or consent of, a 

18 parent of the minor; or 

19 ‘‘(ii) judicial authorization from a 

20 State court; and 

21 ‘‘(B) does not provide as an alternative to 

22 the requirements described in subparagraph 

23 (A)— 


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1 ‘‘(i) notification to, or consent of, an 

2 individual who is not a parent of the 

3 minor; or 

4 ‘‘(ii) authorization from an entity that 

5 is not a State court; 

6 ‘‘(2) the term ‘parent’ means— 

7 ‘‘(A) a parent or guardian; 

8 ‘‘(B) a legal custodian; or 

9 ‘‘(C) an individual standing in loco 

10 parentis who has care and control of a minor, 

11 with whom the minor regularly resides, and who 

12 is designated by a law requiring parental in13 volvement in the minor’s abortion decision as 

14 an individual to whom notification, or from 

15 whom consent, is required; 

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

17 is not older than the maximum age requiring paren18 tal notification or consent, or judicial authorization 

19 from a State court, under a law requiring parental 

20 involvement in a minor’s abortion decision; and 

21 ‘‘(4) the term ‘State’ includes the District of 

22 Columbia and any commonwealth, possession, or 

23 other territory of the United States. 

24 ‘‘(b) OFFENSE.— 


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1 ‘‘(1) GENERALLY.—Except as provided in sub2 section (c), whoever knowingly transports a minor 

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

4 obtain an abortion, and thereby in fact abridges the 

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

6 parental involvement in a minor’s abortion decision, 

7 shall be fined under this title or imprisoned not 

8 more than 1 year, or both. 

9 ‘‘(2) DEFINITION.—For purposes of this sub10 section, an abridgement of the right of a parent of 

11 a minor occurs if an abortion is performed on the 

12 minor, in a State other than the State in which the 

13 minor resides, without the parental consent or notifi14 cation, or the judicial authorization, that would have 

15 been required under a law requiring parental in16 volvement in a minor’s abortion decision, had the 

17 abortion been performed in the State in which the 

18 minor resides. 

19 ‘‘(c) EXCEPTIONS.— 

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

21 prohibition under subsection (b) shall not apply in 

22 the case of an abortion that is necessary to save the 

23 life of a minor because her life is endangered by a 

24 physical disorder, physical injury, or physical illness, 


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1 including a life-endangering physical condition 

2 caused by or arising from the pregnancy itself. 

3 ‘‘(2) MINORS AND PARENTS.—A minor trans4 ported in violation of this section, and any parent of 

5 the minor, may not be prosecuted or sued for a vio6 lation of this section, a conspiracy to violate this sec7 tion, or an offense under section 2 or 3 based on a 

8 violation of this section. 

9 ‘‘(d) AFFIRMATIVE DEFENSE.—It is an affirmative 

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

11 based on a violation of this section that the defendant rea12 sonably believed, based on information the defendant ob13 tained directly from a parent of the minor or other compel14 ling facts, that before the minor obtained the abortion, the 

15 parental consent or notification, or judicial authorization, 

16 that would have been required under the law requiring pa17 rental involvement in a minor’s abortion decision, had the 

18 abortion been performed in the State in which the minor 

19 resides, took place. 

20 ‘‘(e) CIVIL ACTION.—Any parent who suffers harm 

21 from a violation of subsection (b) may obtain appropriate 

22 relief in a civil action, unless the parent has committed 

23 an act of incest with the minor who was transported in 

24 violation of subsection (b). 


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1 ‘‘§ 2432. Transportation of minors in circumvention of 

2 certain laws relating to incest 

3 ‘‘Notwithstanding section 2431(c)(2), whoever has 

4 committed an act of incest with a minor and knowingly 

5 transports the minor across a State line with the intent 

6 that the minor obtain an abortion, shall be fined under 

7 this title or imprisoned not more than 1 year, or both.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

9 The table of chapters for part I of title 18, United States 

10 Code, is amended by inserting after the item relating to 

11 chapter 117 the following: 

‘‘117A. Transportation of minors in circumvention of certain laws relating to abortion .......................................................... 2431’’. 

Æ 


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