II 

112TH CONGRESS 

1ST SESSION S. 167 

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 (legislative day, JANUARY 5), 2011 

Mr. ENSIGN (for himself, Mr. MCCONNELL, Mr. NELSON of Nebraska, Mr. 

GRASSLEY, Mr. SHELBY, Mr. BURR, Mr. WICKER, Mr. THUNE, Mr. ROBERTS, Mr. CORNYN, Mr. VITTER, and Mr. GRAHAM) 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’’. 


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1 SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION 

2 OF CERTAIN LAWS RELATING TO ABORTION. 

3 (a) IN GENERAL.—Title 18, United States Code, is 

4 amended 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 incest. 

8 ‘‘SEC. 2431. TRANSPORTATION OF MINORS IN CIRCUMVEN9 TION OF CERTAIN LAWS RELATING TO ABOR10 TION. 

11 ‘‘(a) OFFENSE.— 

12 ‘‘(1) GENERALLY.—Except as provided in sub13 section (b), whoever knowingly transports a minor 

14 across a State line, with the intent that such minor 

15 obtain an abortion, and thereby in fact abridges the 

16 right of a parent under a law requiring parental in17 volvement in a minor’s abortion decision, in force in 

18 the State where the minor resides, shall be fined 

19 under this title or imprisoned not more than one 

20 year, or both. 

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

22 subsection, an abridgement of the right of a parent 

23 occurs if an abortion is performed on the minor, in 


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1 a State other than the State where the minor re2 sides, without the parental consent or notification, or 

3 the judicial authorization, that would have been re4 quired by that law had the abortion been performed 

5 in the State where the minor resides. 

6 ‘‘(b) EXCEPTIONS.— 

7 ‘‘(1) The prohibition of subsection (a) does not 

8 apply if the abortion was necessary to save the life 

9 of the minor because her life was endangered by a 

10 physical disorder, physical injury, or physical illness, 

11 including a life endangering physical condition 

12 caused by or arising from the pregnancy itself. 

13 ‘‘(2) A minor transported in violation of this 

14 section, and any parent of that minor, may not be 

15 prosecuted or sued for a violation of this section, a 

16 conspiracy to violate this section, or an offense 

17 under section 2 or 3 based on a violation of this sec18 tion. 

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

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

21 based on a violation of this section that the defendant rea22 sonably believed, based on information the defendant ob23 tained directly from a parent of the minor or other compel24 ling facts, that before the minor obtained the abortion, the 

25 parental consent or notification, or judicial authorization 


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1 took place that would have been required by the law re2 quiring parental involvement in a minor’s abortion deci3 sion, had the abortion been performed in the State where 

4 the minor resides. 

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

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

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

8 an act of incest with the minor subject to subsection (a). 

9 ‘‘(e) DEFINITIONS.—For the purposes of this sec10 tion— 

11 ‘‘(1) a ‘law requiring parental involvement in a 

12 minor’s abortion decision’ means a law— 

13 ‘‘(A) requiring, before an abortion is per14 formed on a minor, either— 

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

16 a parent of that minor; or 

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

18 ‘‘(B) that does not provide as an alter19 native to the requirements described in sub20 paragraph (A) notification to or consent of any 

21 person or entity who is not described in that 

22 subparagraph; 

23 ‘‘(2) the term ‘parent’ means— 

24 ‘‘(A) a parent or guardian; 

25 ‘‘(B) a legal custodian; or 


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1 ‘‘(C) a person standing in loco parentis 

2 who has care and control of the minor, and 

3 with whom the minor regularly resides, who is 

4 designated by the law requiring parental in5 volvement in the minor’s abortion decision as a 

6 person to whom notification, or from whom con7 sent, is required; 

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

9 is not older than the maximum age requiring paren10 tal notification or consent, or proceedings in a State 

11 court, under the law requiring parental involvement 

12 in a minor’s abortion decision; and 

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

14 Columbia and any commonwealth, possession, or 

15 other territory of the United States. 

16 ‘‘SEC. 2432. TRANSPORTATION OF MINORS IN CIRCUMVEN17 TION OF CERTAIN LAWS RELATING TO IN18 CEST. 

19 ‘‘Notwithstanding section 2431(b)(2), whoever has 

20 committed an act of incest with a minor and knowingly 

21 transports the minor across a State line with the intent 

22 that such minor obtain an abortion, shall be fined under 

23 this title or imprisoned not more than one year, or both.’’. 

24 (b) CLERICAL AMENDMENT.—The table of chapters 

25 for part I of title 18, United States Code, is amended by 


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1 inserting after the item relating to chapter 117 the fol2 lowing new item: 

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

Æ 


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