{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-745.39","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-745.39","heading":"Private civil action","body":"A. Any person, other than the state, its political\n\nsubdivisions, and any officer or employee of a state or local\n\ngovernmental entity in this state, may bring a civil action against\n\nany person who:\n\n1. Performs or induces an abortion in violation of this act;\n\n2. Knowingly engages in conduct that aids or abets the\n\nperformance or inducement of an abortion including paying for or\n\nreimbursing the costs of an abortion through insurance or otherwise,\n\nif the abortion is performed or induced in violation of this act,\n\nregardless of whether the person knew or should have known that the\n\nabortion would be performed or induced in violation of this act; or\n\n3. Intends to engage in the conduct described by paragraph 1 or\n\n2 of this subsection.\n\nB. If a claimant prevails in an action brought under this\n\nsection, the court shall award:\n\n1. Injunctive relief sufficient to prevent the defendant from\n\nviolating this act or engaging in acts that aid or abet violations\n\nof this act;\n\n2. Statutory damages in an amount of not less than Ten Thousand\n\nDollars ($10,000.00) for each abortion that the defendant performed\n\nor induced in violation of this act, and for each abortion performed\n\nor induced in violation of this act that the defendant aided or\n\nabetted;\n\n3. Nominal and compensatory damages if the plaintiff has\n\nsuffered harm from the defendant's conduct including but not limited\n\nto loss of consortium and emotional distress; and\n\n4. Court costs and attorney fees.\n\nC. Notwithstanding subsection B of this section, a court shall\n\nnot award relief under paragraphs 2 or 4 of subsection B of this\n\nsection in response to a violation of paragraph 1 or 2 of subsection\n\nA of this section if the defendant demonstrates that a court has\n\nalready ordered the defendant to pay not less than Ten Thousand\n\nDollars ($10,000.00) of statutory damages as provided in paragraph 2\n\nof subsection B of this section in a previous action for that\n\nparticular abortion performed or induced in violation of this act,\n\nor for the particular conduct that aided or abetted an abortion\n\nperformed or induced in violation of this act.\n\nD. Notwithstanding any other law, a person may bring an action\n\nunder this section not later than six (6) years after the date the\n\ncause of action accrues.\n\nE. Notwithstanding any other law, the following are not a\n\ndefense to an action brought under this section:\n\n1. Ignorance or mistake of law;\n\n2. A defendant's belief that the requirements of this act are\n\nunconstitutional or were unconstitutional;\n\n3. A defendant's reliance on any court decision that has been\n\noverruled on appeal or by a subsequent court, even if that court\n\ndecision had not been overruled when the defendant engaged in\n\nconduct that violates this act;\n\n4. A defendant's reliance on any state or federal court\n\ndecision that is not binding on the court in which the action has\n\nbeen brought;\n\n5. Non-mutual issue preclusion or non-mutual claim preclusion;\n\n6. The consent of the unborn child's mother to the abortion; or\n\n7. Any claim that the enforcement of this act or the imposition\n\nof civil liability against the defendant will violate the\n\nconstitutional rights of third parties, except as provided by\n\nSection 10 of this act.\n\nF. 1. It is an affirmative defense if a person sued under\n\nparagraph 2 or 3 of subsection A of this section reasonably\n\nbelieved, after conducting a reasonable investigation, that the\n\nindividuals and organizations involved with performing or\n\nfacilitating the abortion would comply with this act.\n\n2. The defendant has the burden of proving an affirmative\n\ndefense under paragraph 1 of this subsection by a preponderance of\n\nthe evidence.\n\nG. This section shall not be construed to impose liability on\n\nany speech or conduct protected by the First Amendment of the United\n\nStates Constitution, as made applicable to the states through the\nor\n\nfacilitating the abortion would comply with this act.\n\n2. The defendant has the burden of proving an affirmative\n\ndefense under paragraph 1 of this subsection by a preponderance of\n\nthe evidence.\n\nG. This section shall not be construed to impose liability on\n\nany speech or conduct protected by the First Amendment of the United\n\nStates Constitution, as made applicable to the states through the\n\nUnited States Supreme Court's interpretation of the Fourteenth\n\nAmendment of the United States Constitution, or by Section 3 or 22\n\nof Article II of the Oklahoma Constitution.\n\nH. 1. Notwithstanding any other law, neither the state, nor\n\nany of its political subdivisions, nor any district or county\n\nattorney, nor any executive or administrative officer or employee of\n\nthis state or a political subdivision may:\n\na. act in concert or participation with anyone who brings\n\nsuit under this section,\n\nb. establish or attempt to establish any type of agency\n\nor fiduciary relationship with a plaintiff who brings\n\nsuit under this section,\n\nc. make any attempt to control or influence a plaintiff's\n\ndecision to bring suit under this section or the\n\nplaintiff's conduct of the litigation, or\n\nd. intervene in an action brought under this section.\n\n2. This subsection shall not prohibit a person or entity\n\ndescribed by this subsection from filing an amicus curiae brief in\n\nthe action, so long as that person or entity does not act in concert\n\nor participation with the plaintiff or plaintiffs who sue under this\n\nsection or violate any provision of paragraph 1 of this subsection.\n\nI. Notwithstanding any other law, a court shall not award court\n\ncosts or attorney fees to a defendant in an action brought under\n\nthis section.\n\nJ. Notwithstanding any other law, a civil action under this\n\nsection shall not be subject to any provision of the Oklahoma\n\nCitizens Participation Act, Section 1430 et seq. of Title 12 of the\n\nOklahoma Statutes, and shall not be subject to any provision of the\n\nOklahoma Religious Freedom Act, Section 251 et seq. of Title 51 of\n\nthe Oklahoma Statutes.\n\nK. Notwithstanding any other law, a civil action under this\n\nsection shall not be brought:\n\n1. Against the woman upon whom an abortion was performed or\n\ninduced or attempted to be performed or induced in violation of this\n\nact, or against a pregnant woman who intends or seeks to abort her\n\nunborn child in violation of this act;\n\n2. Against any person or entity that performs, aids or abets,\n\nor attempts to perform or aid or abet an abortion at the behest of\n\nfederal agencies, contractors, or employees that are carrying out\n\nduties under federal law, if a prohibition on that abortion would\n\nviolate the doctrines of preemption or intergovernmental immunity;\n\n3. Against any common carrier that transports a pregnant woman\n\nto an abortion provider, if the common carrier is unaware that the\n\nwoman intends to abort her unborn child; or\n\n4. By a person who impregnated a woman seeking an abortion\n\nthrough an act of rape, sexual assault, incest, or any other act\n\nprohibited by state law.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a024478ef1ba5412d7f7a0514bf528a8b729bc992ae75e6b59fd03972604f2d0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-745.38","next":"us-ok/okla.-stat.-tit.-63-63-1-745.4"},"notice":"GroundRules: Original legal text. Not legal advice."}