This bill introduces criminal penalties for the transportation of an unemancipated minor without parental consent for the purpose of obtaining a surgical procedure. Specifically, it amends the criminal code by adding a new section, RSA 633:4-a, which classifies such transportation as a class A misdemeanor, escalating to a class B felony for repeat offenders. The bill defines an unemancipated minor as any child under 18 who is not married or legally freed from parental custody. Notably, the bill outlines exceptions for parents or guardians, individuals with notarized consent, common carriers, and emergency medical personnel. Additionally, it states that the minor's consent does not serve as a defense against prosecution.
Furthermore, the bill establishes a private right of action for civil suits against individuals who violate the new law. It allows parents or guardians, as well as the minor once they reach adulthood, to sue for damages, which may include economic and noneconomic damages, punitive damages, and legal fees. The act is set to take effect 60 days after passage. The fiscal impact of the bill is indeterminable, as it may affect judicial and correctional systems, potentially influencing costs related to prosecution and incarceration.