☰ Revisor of Missouri


Chapter 188

< > Effective - 15 Sep 2005, see footnote    bottom

  188.250.  Causing, aiding, or assisting a minor to obtain an abortion prohibited, civil penalty — impermissible defenses — court injunction authorized, when. — 1.  No person shall intentionally cause, aid, or assist a minor to obtain an abortion without the consent or consents required by section 188.028.

  2.  A person who violates subsection 1 of this section shall be civilly liable to the minor and to the person or persons required to give the consent or consents under section 188.028.  A court may award damages to the person or persons adversely affected by a violation of subsection 1 of this section, including compensation for emotional injury without the need for personal presence at the act or event, and the court may further award attorneys' fees, litigation costs, and punitive damages.  Any adult who engages in or consents to another person engaging in a sex act with a minor in violation of the provisions of chapter 566, 567, 568, or 573 which results in the minor's pregnancy shall not be awarded damages under this section.

  3.  It shall not be a defense to a claim brought under this section that the abortion was performed or induced pursuant to consent to the abortion given in a manner that is otherwise lawful in the state or place where the abortion was performed or induced.

  4.  An unemancipated minor does not have capacity to consent to any action in violation of this section or section 188.028.

  5.  A court may enjoin conduct that would be in violation of this section upon petition by the attorney general, a prosecuting or circuit attorney, or any person adversely affected or who reasonably may be adversely affected by such conduct, upon a showing that such conduct:

  (1)  Is reasonably anticipated to occur in the future; or

  (2)  Has occurred in the past, whether with the same minor or others, and that it is not unreasonable to expect that such conduct will be repeated.


(L. 2005 1st Ex. Sess. S.B. 1)

Effective 9-15-05

(2007) Section, as narrowly construed to exclude speech or expressive conduct, is constitutional.  Planned Parenthood of Kansas v. Nixon, 220 S.W.3d 732 (Mo.banc).

---- end of effective  15 Sep 2005 ----

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