II 

109TH CONGRESS 

1ST SESSION S. 8 

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 24, 2005 

Mr. ENSIGN (for himself, Mr. HAGEL, Mr. BROWNBACK, Mr. SANTORUM, Mr. 

KYL, Mr. FRIST, Mrs. DOLE, Mr. SESSIONS, Mr. GRASSLEY, Mr. ALLEN, 

Mr. BUNNING, Mr. COBURN, Mr. DEMINT, and Mr. MCCONNELL) 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

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 such minor 

14 obtain an abortion, and thereby in fact abridges the 

15 right of a parent under a law requiring parental in16 volvement in a minor’s abortion decision, in force in 

17 the State where the minor resides, shall be fined 

18 under this title or imprisoned not more than one 

19 year, or both. 

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

21 subsection, an abridgement of the right of a parent 

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

23 a State other than the State where the minor re24 sides, without the parental consent or notification, or 
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1 the judicial authorization, that would have been re2 quired by that law had the abortion been performed 

3 in the State where the minor resides. 

4 ‘‘(b) EXCEPTIONS.— 

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

6 apply if the abortion was 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. 

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

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

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

14 conspiracy to violate this section, or an offense 

15 under section 2 or 3 based on a violation of this sec16 tion. 

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

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

19 based on a violation of this section that the defendant rea20 sonably believed, based on information the defendant ob21 tained directly from a parent of the minor or other compel22 ling facts, that before the minor obtained the abortion, the 

23 parental consent or notification, or judicial authorization 

24 took place that would have been required by the law re25 quiring parental involvement in a minor’s abortion deci-
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1 sion, had the abortion been performed in the State where 

2 the minor resides. 

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

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

5 relief in a civil action. 

6 ‘‘(e) DEFINITIONS.—For the purposes of this sec7 tion— 

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

9 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 who is not described in that 

19 subparagraph; 

20 ‘‘(2) the term ‘parent’ means— 

21 ‘‘(A) a parent or guardian; 

22 ‘‘(B) a legal custodian; or 

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

24 who has care and control of the minor, and 

25 with whom the minor regularly resides, who is 
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1 designated by the law requiring parental in2 volvement in the minor’s abortion decision as a 

3 person to whom notification, or from whom con4 sent, is required; 

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

6 is not older than the maximum age requiring paren7 tal notification or consent, or proceedings in a State 

8 court, under the law requiring parental involvement 

9 in a minor’s abortion decision; and 

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

11 Columbia and any commonwealth, possession, or 

12 other territory of the United States.’’. 

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

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

15 inserting after the item relating to chapter 117 the fol16 lowing new item:

‘‘117A. Transportation of minors in circumvention of certain laws 

relating to abortion .......................................................................... 2431’’.

Æ