Okla. Stat. tit. 63, § 63-1-745.16: Violations of act - Penalties - Civil actions
Where this section sits in the code
- OK Code
- Title 63
A. Any person who intentionally or recklessly performs or
induces an abortion in violation of the Heartbeat Informed Consent
Act shall be guilty of a misdemeanor. No penalty shall be assessed
against the woman upon whom the abortion is performed or induced or
attempted to be performed or induced.
B. Any woman upon whom an abortion has been performed or
induced in violation of this act, or the father of the unborn child
who was the subject of such an abortion, may maintain an action
against the person who performed or induced the abortion in
intentional or reckless violation of this act for actual and
punitive damages. Any woman upon whom an abortion has been
attempted in violation of this act may maintain an action against
the person who attempted to perform or induce the abortion in an
intentional or reckless violation of this act for actual and
punitive damages.
C. A cause of action for injunctive relief against any person
who has intentionally or recklessly violated this act may be
maintained by the woman upon whom an abortion was performed or
induced in violation of this act; by any person who is the spouse,
parent, sibling, or guardian of, or a current or former licensed
health care provider of, the woman upon whom an abortion has been
performed or induced in violation of this act; by a district
attorney with appropriate jurisdiction; or by the Attorney General.
The injunction shall prevent the abortion provider from performing
or inducing further abortions in violation of this act in the state.
D. If judgment is rendered in favor of the plaintiff in an
action described in this section, the court shall also render
judgment for a reasonable attorney fee in favor of the plaintiff
against the defendant.
E. If judgment is rendered in favor of the defendant and the
court finds that the plaintiff's suit was frivolous and brought in
bad faith, the court shall also render judgment for a reasonable
attorney fee in favor of the defendant against the plaintiff.
F. No damages or attorney fee may be assessed against the woman
upon whom an abortion was performed or attempted to be performed or
induced except in accordance with subsection E of this section.
Collected 2026-09-14T18:32:36Z. Source file · JSON