I 

118TH CONGRESS 

1ST SESSION H. R. 5319 

To prohibit abortions in the admiralty and maritime jurisdiction of the United 

States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 29, 2023 

Mr. WEBER of Texas (for himself, Mr. GOSAR, Mr. DUNCAN, Mr. WILLIAMS

of Texas, Mrs. MILLER of Illinois, Mr. STEUBE, Mr. MOONEY, Mr. 

BIGGS, Mr. HIGGINS of Louisiana, Mr. BABIN, and Ms. HAGEMAN) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To prohibit abortions in the admiralty and maritime 

jurisdiction of the United States, and for other purposes. 

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 ‘‘Ban Offshore Abortion 

5 Tourism Act’’ or the ‘‘BOAT Act’’. 


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1 SEC. 2. PROHIBITING ABORTION IN THE CERTAIN JURIS2 DICTIONS. 

3 (a) IN GENERAL.—Chapter 74 of title 18, United 

4 States Code, is amended by inserting after section 1531 

5 the following: 

6 ‘‘§ 1532. Abortions in the admiralty and maritime ju7 risdiction of the United States 

8 ‘‘(a) OFFENSE.—Subject to subsection (b), any per9 son who, in the admiralty and maritime jurisdiction of the 

10 United States, knowingly performs an abortion and there11 by kills a human fetus shall be fined under this title, im12 prisoned not more than 5 years, or both. 

13 ‘‘(b) EXCEPTION.—Subsection (a) does not apply if— 

14 ‘‘(1) in reasonable medical judgment, the abor15 tion is necessary to save the life of a pregnant 

16 woman whose life is endangered by a physical dis17 order, physical illness, or physical injury, including 

18 a life-endangering physical condition caused by or 

19 arising from the pregnancy itself, but not including 

20 psychological or emotional conditions; 

21 ‘‘(2) the pregnancy is the result of rape against 

22 an adult woman, and at least 48 hours prior to the 

23 abortion— 

24 ‘‘(A) she has obtained counseling for the 

25 rape; or 


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1 ‘‘(B) she has obtained medical treatment 

2 for the rape or an injury related to the rape; or 

3 ‘‘(3) the pregnancy is a result of rape against 

4 a minor or incest against a minor, and the rape or 

5 incest has been reported at any time prior to the 

6 abortion to either— 

7 ‘‘(A) a government agency legally author8 ized to act on reports of child abuse; or 

9 ‘‘(B) a law enforcement agency. 

10 ‘‘(c) BAR TO PROSECUTION.—A woman upon whom 

11 an abortion in violation of subsection (a) is performed or 

12 attempted may not be prosecuted under, or for a con13 spiracy to violate, subsection (a), or for an offense under 

14 section 2, 3, or 4 of this title based on such a violation. 

15 ‘‘(d) CIVIL REMEDIES.— 

16 ‘‘(1) CIVIL ACTION BY A WOMAN ON WHOM AN

17 ABORTION IS PERFORMED.—A woman upon whom 

18 an abortion has been performed or attempted in vio19 lation of any provision of this section may, in a civil 

20 action before the appropriate district court of the 

21 United States against any person who committed the 

22 violation, obtain appropriate relief. 

23 ‘‘(2) CIVIL ACTION BY A PARENT OF A MINOR

24 ON WHOM ABORTION IS PERFORMED.—A parent of 

25 a minor upon whom an abortion has been performed 


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1 or attempted under an exception provided for in sub2 section (b)(2)(B), and that was performed in viola3 tion of any provision of this section may, in a civil 

4 action before the appropriate district court of the 

5 United States against any person who committed the 

6 violation obtain appropriate relief, unless the preg7 nancy resulted from the plaintiff’s criminal conduct. 

8 ‘‘(3) APPROPRIATE RELIEF.—Appropriate relief 

9 in a civil action under this subsection includes— 

10 ‘‘(A) objectively verifiable money damages 

11 for all injuries, psychological and physical, occa12 sioned by the violation; 

13 ‘‘(B) statutory damages equal to three 

14 times the cost of the abortion; and 

15 ‘‘(C) punitive damages. 

16 ‘‘(4) ATTORNEYS’ FEES FOR PLAINTIFF.—If a 

17 plaintiff in a civil action under this subsection pre18 vails, the court shall award a reasonable attorney’s 

19 fee in favor of the plaintiff against the defendant. 

20 ‘‘(5) ATTORNEYS’ FEES FOR DEFENDANT.—If a 

21 defendant in a civil action under this subsection pre22 vails and the court finds that the plaintiff’s suit was 

23 frivolous, the court shall award a reasonable attor24 ney’s fee in favor of the defendant against the plain25 tiff. 


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1 ‘‘(6) AWARD AGAINST WOMAN UPON WHOM

2 ABORTION IS PERFORMED.—Except under para3 graph (5), in a civil action under this subsection, no 

4 damages, attorneys’ fees, or other monetary relief 

5 may be assessed against the woman upon whom the 

6 abortion was performed or attempted.’’. 

7 (b) TABLE OF SECTIONS.—The table of sections for 

8 chapter 74 of title 18, United States Code, is amended 

9 by inserting after section 1531 the following: 

‘‘1532. Abortions in the admiralty and maritime jurisdiction of the United 

States’’. 

Æ 


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