II 

113TH CONGRESS 

1ST SESSION S. 32 

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 22 (legislative day, JANUARY 3), 2013 

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 2013’’. 

6 SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION 

7 OF CERTAIN LAWS RELATING TO ABORTION. 

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

9 amended by inserting after chapter 117 the following: 


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1 ‘‘CHAPTER 117A—TRANSPORTATION OF 

2 MINORS IN CIRCUMVENTION OF CER3 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. 

4 ‘‘§ 2431. Transportation of minors in circumvention of 

5 certain laws relating to abortion 

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

7 ‘‘(1) the term ‘law requiring parental involve8 ment in a minor’s abortion decision’ means a law in 

9 force in the State in which a minor resides— 

10 ‘‘(A) that requires, before an abortion is 

11 performed on the minor— 

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

13 parent of the minor; or 

14 ‘‘(ii) judicial authorization from a 

15 State court; and 

16 ‘‘(B) that does not provide as an alter17 native to the requirements described in sub18 paragraph (A)— 

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

20 individual who is not a parent of the 

21 minor; or 

22 ‘‘(ii) authorization from an entity that 

23 is not a State court; 


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1 ‘‘(2) the term ‘parent’ means— 

2 ‘‘(A) a parent or guardian; 

3 ‘‘(B) a legal custodian; or 

4 ‘‘(C) an individual standing in loco 

5 parentis who has care and control of a minor, 

6 with whom the minor regularly resides, and who 

7 is designated by a law requiring parental in8 volvement in the minor’s abortion decision as 

9 an individual to whom notification, or from 

10 whom consent, is required; 

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

12 is not older than the maximum age requiring paren13 tal notification or consent, or judicial authorization 

14 from a State court, under a law requiring parental 

15 involvement in a minor’s abortion decision; and 

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

17 Columbia and any commonwealth, possession, or 

18 other territory of the United States. 

19 ‘‘(b) OFFENSE.— 

20 ‘‘(1) GENERALLY.—Except as provided in sub21 section (c), whoever knowingly transports a minor 

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

23 obtain an abortion, and thereby in fact abridges the 

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

25 parental involvement in a minor’s abortion decision, 


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1 shall be fined under this title or imprisoned not 

2 more than 1 year, or both. 

3 ‘‘(2) DEFINITION.—For purposes of this sub4 section, an abridgement of the right of a parent of 

5 a minor occurs if an abortion is performed on the 

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

7 minor resides, without the parental consent or notifi8 cation, or the judicial authorization, that would have 

9 been required under a law requiring parental in10 volvement in a minor’s abortion decision, had the 

11 abortion been performed in the State where the 

12 minor resides. 

13 ‘‘(c) EXCEPTIONS.— 

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

15 prohibition under subsection (b) shall not apply in 

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

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

18 physical disorder, physical injury, or physical illness, 

19 including a life-endangering physical condition 

20 caused by or arising from the pregnancy itself. 

21 ‘‘(2) MINORS AND PARENTS.—A minor trans22 ported in violation of this section, and any parent of 

23 the minor, may not be prosecuted or sued for a vio24 lation of this section, a conspiracy to violate this secVerDate Mar 15 2010 22:49 Jan 25, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S32.IS S32

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1 tion, or an offense under section 2 or 3 based on a 

2 violation of this section. 

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

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

5 based on a violation of this section that the defendant rea6 sonably believed, based on information the defendant ob7 tained directly from a parent of the minor or other compel8 ling facts, that before the minor obtained the abortion, the 

9 parental consent or notification, or judicial authorization, 

10 that would have been required under the law requiring pa11 rental involvement in a minor’s abortion decision, had the 

12 abortion been performed in the State where the minor re13 sides, took place. 

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

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

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

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

18 violation of subsection (b). 

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

20 certain laws relating to incest 

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

22 committed an act of incest with a minor and knowingly 

23 transports the minor across a State line with the intent 

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

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


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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

4 chapter 117 the following: 

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

Æ 


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