109TH CONGRESS
1ST SESSION
H. R. 748
AN ACT
To amend title 18, United States Code, to prevent
the transportation of minors in circumvention of
certain laws relating to abortion, and for other
purposes.
109TH CONGRESS
1ST SESSION
H. R. 748
AN ACT
To amend title 18, United States Code, to prevent the trans-
portation of minors in circumvention of certain laws re-
lating to abortion, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Interstate Abor-
tion Notification Act’’.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION
OF CERTAIN LAWS RELATING TO ABORTION.
Title 18, United States Code, is amended by inserting
after chapter 117 the following:
‘‘CHAPTER 
117A—TRANSPORTATION 
OF
MINORS IN CIRCUMVENTION OF CER-
TAIN LAWS RELATING TO ABORTION
‘‘Sec.
‘‘2431. Transportation of minors in circumvention of certain laws relating to
abortion.
‘‘§ 2431. Transportation of minors in circumvention of
certain laws relating to abortion
‘‘(a) OFFENSE.—
‘‘(1) GENERALLY.—Except as provided in sub-
section (b), whoever knowingly transports a minor
across a State line, with the intent that such minor
obtain an abortion, and thereby in fact abridges the
right of a parent under a law requiring parental in-
volvement in a minor’s abortion decision, in force in
the State where the minor resides, shall be fined
under this title or imprisoned not more than one
year, or both.
‘‘(2) DEFINITION.—For the purposes of this
subsection, an abridgement of the right of a parent
occurs if an abortion is performed or induced on the
minor, in a State other than the State where the
minor resides, without the parental consent or notifi-
cation, or the judicial authorization, that would have
been required by that law had the abortion been per-
formed in the State where the minor resides.
‘‘(b) EXCEPTIONS.—
‘‘(1) The prohibition of subsection (a) does not
apply if the abortion was necessary to save the life
of the minor because her life was endangered by a
physical disorder, physical injury, or physical illness,
including a life endangering physical condition
caused by or arising from the pregnancy itself.
‘‘(2) A minor transported in violation of this
section, and any parent of that minor, may not be
prosecuted or sued for a violation of this section, a
conspiracy to violate this section, or an offense
under section 2 or 3 based on a violation of this sec-
tion.
‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative
defense to a prosecution for an offense, or to a civil action,
based on a violation of this section that the defendant—
‘‘(1) reasonably believed, based on information
the defendant obtained directly from a parent of the
minor, that before the minor obtained the abortion,
the parental consent or notification took place that
would have been required by the law requiring pa-
rental involvement in a minor’s abortion decision,
had the abortion been performed in the State where
the minor resides; or
‘‘(2) was presented with documentation showing
with a reasonable degree of certainty that a court in
the minor’s State of residence waived any parental
notification required by the laws of that State, or
otherwise authorized that the minor be allowed to
procure an abortion.
‘‘(d) CIVIL ACTION.—Any parent who suffers harm
from a violation of subsection (a) may obtain appropriate
relief in a civil action.
‘‘(e) DEFINITIONS.—For the purposes of this
section—
‘‘(1) the term ‘abortion’ means the use or pre-
scription of any instrument, medicine, drug, or any
other substance or device intentionally to terminate
the pregnancy of a female known to be pregnant
with an intention other than to increase the prob-
ability of a live birth, to preserve the life or health
of the child after live birth, or to remove a dead un-
born child who died as the result of a spontaneous
abortion, accidental trauma or a criminal assault on
the pregnant female or her unborn child;
‘‘(2) the term a ‘law requiring parental involve-
ment in a minor’s abortion decision’ means a law—
‘‘(A) requiring, before an abortion is per-
formed on a minor, either—
‘‘(i) the notification to, or consent of,
a parent of that minor; or
‘‘(ii) proceedings in a State court; and
‘‘(B) that does not provide as an alter-
native to the requirements described in sub-
paragraph (A) notification to or consent of any
person or entity who is not described in that
subparagraph;
‘‘(3) the term ‘minor’ means an individual who
is not older than the maximum age requiring paren-
tal notification or consent, or proceedings in a State
court, under the law requiring parental involvement
in a minor’s abortion decision;
‘‘(4) the term ‘parent’ means—
‘‘(A) a parent or guardian;
‘‘(B) a legal custodian; or
‘‘(C) a person standing in loco parentis
who has care and control of the minor, and
with whom the minor regularly resides, who is