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(a)
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(1) A cause of action for injunctive relief against a person who has purposely violated this subchapter may be maintained by:
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(A) The woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter;
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(B) A person who is the spouse, parent, or legal guardian of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; or
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(C) A current or former licensed healthcare provider of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter.
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(2) The injunction shall prevent the abortion provider from performing or attempting to perform further dismemberment abortions in violation of this subchapter.
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(b)
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(1) A cause of action for civil damages against a person who has purposely violated this subchapter may be maintained by:
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(A) The woman who receives a dismemberment abortion in violation of this subchapter;
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(B) The father of the unborn child, if the father is married to the woman at the time the dismemberment abortion was performed in violation of this subchapter; or
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(C) If the woman who received a dismemberment abortion in violation of this subchapter is a minor or has died as a result of the dismemberment abortion, the parents or legal guardians of the woman who received a dismemberment abortion in violation of this subchapter.
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(2) Civil damages shall not be awarded to a plaintiff if the pregnancy resulted from the criminal conduct of the plaintiff.
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(3) Civil damages shall include:
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(A) Monetary damages for psychological injuries and physical injuries associated with the dismemberment abortion; and
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(B) Statutory damages equal to three (3) times the cost of the dismemberment abortion.
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(c)
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(1) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney’s fee in favor of the plaintiff against the defendant.
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(2) 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’s fee in favor of the defendant against the plaintiff.
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(3) A reasonable attorney’s fee shall not be assessed against the woman who received a dismemberment abortion.
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