Pain-Capable Unborn Child Protection Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Pain-Capable Unborn Child Protection Act

(Sec. 3) This bill amends the federal criminal code to make it a crime for any person to perform or attempt to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more.

A violator is subject to criminal penalties—a fine, up to five years in prison, or both.

The bill provides exceptions for an abortion: (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements.

A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates the provisions of this bill.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov