{"data":{"id":"us-ky/krs-311.784","jurisdiction":"us-ky","citation":"KRS 311.784","heading":"Authorized civil action for violation of KRS  311.782.","body":"(1) As used in this section:\n(a) \"Conduct\" means the:\n1. Filing of a civil action;\n2. Assertion of a claim, defense, or other position in connection with a\ncivil action;\n3. Filing of a pleading, motion, or other document in a civil action,\nincluding but not limited to a motion filed for discovery purposes; or\n4. Taking of any other action in connection with a civil action; and\n(b) \"Frivolous conduct\" means  the conduct of a party to a civil action or a\nparty's counsel of record in a civil action that:\n1. Obviously serves merely to harass or maliciously injure another\nparty to the civil action or is for another improper purpose, including\nbut not limited to causing unnecessary delay or a needless increase\nin the cost of litigation;\n2. Is not warranted under existing law, cannot be supported by a\ngood-faith argument for an extension, modification, or reversal of\nexisting law, or cannot be supported by a good-faith argument for\nthe establishment of new law;\n3. Consists of allegations or other factual contentions that have no\nevidentiary support or, if specifically so identified, are not likely to\nhave evidentiary support after a reasonable opportunity for further\ninvestigation or discovery; or\n4. Consists of denials or other factual contentions that are not\nwarranted by the evidence or, if specifically so identified, are not\nreasonably based on a lack of information or belief.\n(2) Any  woman  upon whom  an abortion has been performed in violation of KRS\n311.782, or the father of the unborn child who was the subject of such an\nabortion, may  commence  a civil action against the person who intentionally\nviolated KRS  311.782 for actual and punitive damages,  court costs, and\nreasonable attorney's fees.\n(3) If a judgment is rendered in favor of the defendant in a civil action commenced\npursuant to subsection (2) of this section and the court finds that the civil action\nconstitutes frivolous conduct and that the defendant was adversely affected by\nthe frivolous conduct, the court shall award reasonable attorney's fees to the\ndefendant.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45506","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:06Z","sha256":"ad1db7fce8c5ce51b93439120cd0d4e609fe40d3fe98d005631886cb6bfd2698","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.783","next":"us-ky/krs-311.7841"},"notice":"GroundRules: Original legal text. Not legal advice."}