Sponsors (18)
The bill strengthens legal remedies and deterrence for victims of nonconsensual administration of abortion-inducing drugs but does so by creating criminal and broad civil liability that could criminalize routine medication abortion, chill cross‑state care, and impose heavy financial and litigation burdens on providers.
Women subjected to nonconsensual administration of abortion-inducing drugs can sue and recover compensatory, statutory (triple), and punitive damages, and prevailing plaintiffs are awarded reasonable attorney fees and costs, improving access to justice and financial relief for victims.
Criminal penalties (including up to 25 years imprisonment and fines) create a strong deterrent against administering abortion-inducing drugs without informed consent.
By criminalizing conduct involving FDA-approved drugs (mifepristone, misoprostol) tied to interstate or foreign commerce, the law risks exposing providers and others to lengthy federal prison terms and will likely chill access to medication abortion and cross‑state telehealth care.
Broad civil liability — including statutory treble damages and punitive awards — creates substantial financial exposure for clinicians, pharmacies, and telehealth services, encouraging defensive practices, raising provider costs, and potentially reducing availability of care.
Allowing fee awards to defendants only when a court finds a suit frivolous may not sufficiently deter meritless litigation, leaving providers and others vulnerable to burdensome legal costs even when claims lack merit.
Based on analysis of 2 sections of legislative text.
Creates a federal crime and civil cause banning nonconsensual administration of abortion-inducing drugs, with prison time up to 25 years and treble statutory damages.
Official title: Amend title 18, United States Code, to establish Federal penalties for the knowing and intentional administration of any abortion-inducing drug to a woman without her informed consent, if the abortion-inducing drug has been shipped or transported in interstate commerce, and for other purposes.
Introduced September 30, 2025 by James E. Banks · Last progress September 30, 2025
Creates a new federal crime and civil cause of action that makes it illegal to knowingly and intentionally give an abortion-inducing drug to a pregnant person without that person’s informed consent. The offense carries criminal penalties up to 25 years in prison (with higher penalties if serious bodily injury or death results), and allows private lawsuits with compensatory, treble statutory, and punitive damages plus attorney’s fees for prevailing plaintiffs (and fee protection for prevailing defendants against frivolous suits). Definitions for key terms and clerical updates to the criminal code are included.