Okla. Stat. tit. 63, § 63-1-745.8
This is the official text of Okla. Stat. tit. 63, § 63-1-745.8, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Suits upon violation of act – Injunctive relief –
Official statutory text
Attorney fees.
A. Any woman upon whom an abortion has been performed in
violation of the Pain-Capable Unborn Child Protection 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 knowing or reckless violation of the Pain-Capable
Unborn Child Protection Act for actual and punitive damages. Any
woman upon whom an abortion has been attempted in violation of the
Pain-Capable Unborn Child Protection Act may maintain an action
against the person who attempted to perform or induce the abortion
in knowing or reckless violation of the Pain-Capable Unborn Child
Protection Act for actual and punitive damages.
B. A cause of action for injunctive relief against any person
who has knowingly or recklessly violated the Pain-Capable Unborn
Child Protection Act may be maintained by the woman upon whom an
abortion was performed or induced or attempted to be performed or
induced in violation of the Pain-Capable Unborn Child Protection
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 or
attempted to be performed or induced in violation of the Pain-
Capable Unborn Child Protection Act; by a district attorney with
appropriate jurisdiction; or by the Attorney General. The
injunction shall prevent the abortion provider from performing or
inducing or attempting to perform or induce further abortions in
violation of the Pain-Capable Unborn Child Protection Act in the
State of Oklahoma.
C. 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.
D. 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.
E. No damages or attorney fee may be assessed against the woman
upon whom an abortion was performed or attempted to be performed
except in accordance with subsection D of this section.
A. Any woman upon whom an abortion has been performed in
violation of the Pain-Capable Unborn Child Protection 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 knowing or reckless violation of the Pain-Capable
Unborn Child Protection Act for actual and punitive damages. Any
woman upon whom an abortion has been attempted in violation of the
Pain-Capable Unborn Child Protection Act may maintain an action
against the person who attempted to perform or induce the abortion
in knowing or reckless violation of the Pain-Capable Unborn Child
Protection Act for actual and punitive damages.
B. A cause of action for injunctive relief against any person
who has knowingly or recklessly violated the Pain-Capable Unborn
Child Protection Act may be maintained by the woman upon whom an
abortion was performed or induced or attempted to be performed or
induced in violation of the Pain-Capable Unborn Child Protection
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 or
attempted to be performed or induced in violation of the Pain-
Capable Unborn Child Protection Act; by a district attorney with
appropriate jurisdiction; or by the Attorney General. The
injunction shall prevent the abortion provider from performing or
inducing or attempting to perform or induce further abortions in
violation of the Pain-Capable Unborn Child Protection Act in the
State of Oklahoma.
C. 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.
D. 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.
E. No damages or attorney fee may be assessed against the woman
upon whom an abortion was performed or attempted to be performed
except in accordance with subsection D of this section.
Status: in_force · Read it on the official government site
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