Section 39-15-201 - Abortion trafficking of minors - Penalty - Exclusions and exceptions - Civil Actions(a) An adult commits the offense of abortion trafficking of a minor if the adult intentionally recruits, harbors, or transports a pregnant unemancipated minor within this state for the purpose of:(1) Concealing an act that would constitute a criminal abortion under § 39-15-213 from the parents or legal guardian of the pregnant unemancipated minor;(2) Procuring an act that would constitute a criminal abortion under § 39-15-213 for the pregnant unemancipated minor, regardless of where the abortion is to be procured; or(3) Obtaining an abortion-inducing drug for the pregnant unemancipated minor for the purpose of an act that would constitute a criminal abortion under § 39-15-213, regardless of where the abortion-inducing drug is obtained.(b) A violation of subsection (a) is a Class A misdemeanor and shall be punished by imprisonment for eleven (11) months and twenty-nine (29) days.(c) This section does not apply to: (1) The parents or legal guardian of the unemancipated minor;(2) A person who has obtained the written, notarized consent of the unemancipated minor's parent or legal guardian;(3) A common carrier transporting passengers in the course and scope of their business; or(4) An ambulance driver or operator and any corresponding emergency medical services personnel, as defined in § 68-140-302, acting within the course and scope of their duties.(d) It is not a defense to a prosecution under this section that the pregnant minor consented to the actions in subsection (a).(e)(1) A person who violates subsection (a) may be held liable in a civil action for the wrongful death of an unborn child who was aborted.(2) The civil action may be brought on behalf of the unborn child by: (A) The biological mother of the unborn child;(B) The biological father of the unborn child, unless the pregnancy resulted from an act committed by the biological father that constitutes an act of: (i) Aggravated rape, as defined in § 39-13-502;(ii) Rape, as defined in § 39-13-503;(iii) Statutory rape or aggravated statutory rape, as defined in § 39-13-506;(iv) Rape of a child, as defined in § 39-13-522;(v) Aggravated rape of a child, as defined in § 39-13-531;(vi) Statutory rape by an authority figure, as defined in § 39-13-532;(vii) Especially aggravated rape, as defined in § 39-13-534;(viii) Especially aggravated rape of a child, as defined in § 39-13-535; or(ix) Incest, as defined in § 39-15-302; or(C) A parent or legal guardian of the unemancipated minor.(3) In a civil action arising from a violation of this section, the plaintiff may recover from the person who violated subsection (a): (C) Punitive damages; and(D) Reasonable attorney fees and court costs.(f)(1) This section does not apply to the provision of a medical diagnosis or consultation regarding pregnancy care of an unemancipated minor.(2) As used in this subsection (f), a medical diagnosis or consultation regarding pregnancy care does not include performing or attempting to perform an abortion, as defined in § 39-15-213, or arranging for travel for the unemancipated minor to procure an abortion or an abortion-inducing drug without the consent of the unemancipated minor's parent or legal guardian.(3) This section does not prohibit a licensed physician or another person from calling an ambulance for a minor patient if a medical emergency, as defined in § 39-15-218, exists.Added by 2024 Tenn. Acts, ch. 1032,s 1, eff. 7/1/2024.Prior version repealed by 2023 Tenn. Acts, ch. 313, s 4, eff. 4/28/2023.