Wis. Stat. § 895.038
Partial-birth abortions; liability
Redline — January 1, 2003 → current.View current text →
Current — January 1, 2005
As of January 1, 2003
(1) In this section:
(a) "Child" has the meaning given in s. 940.16 (1) (a) .
(b) "Partial-birth abortion" has the meaning given in s. 940.16 (1) (b) .
(1) In this section:
(a) "Child" has the meaning given in s. 940.16 (1) (a) .
(b) "Partial-birth abortion" has the meaning given in s. 940.16 (1) (b) .
(2) (a) Except as provided in par. (b) , any of the following persons has a claim for appropriate relief against a person who performs a partial-birth abortion: 1. If the person on whom a partial-birth abortion was performed was a minor, the parent of the minor. 2. The father of the child aborted by the partial-birth abortion. (b) A person specified in par. (a) 1. or 2. does not have a claim under par. (a) if any of the following apply: 1. The person consented to performance of the partial-birth abortion. 2. The pregnancy of the woman on whom the partial-birth abortion was performed was the result of a sexual assault in violation of s. 940.225 , 944.06 , 948.02 , 948.025 , 948.06 or 948.09 that was committed by the person.
(2) (a) Except as provided in par. (b) , any of the following persons has a claim for appropriate relief against a person who performs a partial-birth abortion: 1. If the person on whom a partial-birth abortion was performed was a minor, the parent of the minor. 2. The father of the child aborted by the partial-birth abortion. (b) A person specified in par. (a) 1. or 2. does not have a claim under par. (a) if any of the following apply: 1. The person consented to performance of the partial-birth abortion. 2. The pregnancy of the woman on whom the partial-birth abortion was performed was the result of a sexual assault in violation of s. 940.225 , 944.06 , 948.02 , 948.025 , 948.06 , 948.085 , or 948.09 that was committed by the person.
(3) The relief available under sub. (2) shall include all of the following:
(a) If the abortion was performed in violation of s. 940.16 , damages arising out of the performance of the partial-birth abortion, including damages for personal injury and emotional and psychological distress.
(b) Exemplary damages equal to 3 times the cost of the partial-birth abortion.
(3) The relief available under sub. (2) shall include all of the following:
(a) If the abortion was performed in violation of s. 940.16 , damages arising out of the performance of the partial-birth abortion, including damages for personal injury and emotional and psychological distress.
(b) Exemplary damages equal to 3 times the cost of the partial-birth abortion.
(4) Subsection (2) applies even if the mother of the child aborted by the partial-birth abortion consented to the performance of the partial-birth abortion.
(4) Subsection (2) applies even if the mother of the child aborted by the partial-birth abortion consented to the performance of the partial-birth abortion.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.