Idaho Code
Idaho Code

Idaho Code § 18-508 (2026)

civil remedies. 

✓ current as of May 2026
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civil remedies. 

(1) Any woman upon whom an abortion has been performed in violation of the pain-capable unborn child protection act or the father of the unborn child who was the subject of such an abortion may maintain an action against the person who performed the abortion in an intentional or a reckless violation of the provisions of this chapter for actual damages. Any woman upon whom an abortion has been attempted in violation of the provisions of this chapter may maintain an action against the person who attempted to perform the abortion in an intentional or a reckless violation of the provisions of this chapter for actual damages.

(2)  A cause of action for injunctive relief against any person who has intentionally or recklessly violated the provisions of this chapter may be maintained by the woman upon whom an abortion was performed or attempted to be performed in violation of the provisions of this chapter, by any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or attempted to be performed in violation of the provisions of this chapter, by a prosecuting attorney with appropriate jurisdiction, or by the attorney general. The injunction shall prevent the abortion provider from performing or attempting to perform further abortions in violation of the provisions of this chapter in this state.
(3)  No damages may be assessed against the woman upon whom an abortion was performed or attempted to be performed.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2012–2023 · leading case: Jennie McCormack v. Mark Hiedeman, 694 F.3d 1004 (9th Cir. 2012).
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Jennie McCormack v. Mark Hiedeman, 694 F.3d 1004 (9th Cir. 2012). · cites it 4× “” Idaho Code § 18-508 (1). The Act also permits certain persons, including a prosecuting attorney, to file an action for injunctive relief against an abortion provider who violates § 18-505.”
McCormack v. Hiedeman, 900 F. Supp. 2d 1128 (D. Idaho 2013). · cites it 8× “” I.C. § 18-508(1). In addition, the PUCPA permits certain persons, including a prosecuting attorney, to file an action for injunctive relief against an abortion provider who violates section 18-505.”
Planned Parenthood Great Nw. v. State (Idaho 2023). · cites it 2× “See I.C. § 18-508 (1). As to the proper “guidelines” for discerning the upper limits of the minimum statutory damages provision, one only need turn to the many tomes on compensatory damages.”
— Idaho Code § 18-508(1) — 1 case
McCormack v. Hiedeman, 900 F. Supp. 2d 1128 (D. Idaho 2013). “” I.C. § 18-508(1). In addition, the PUCPA permits certain persons, including a prosecuting attorney, to file an action for injunctive relief against an abortion provider who violates section 18-505.”
— Idaho Code § 18-508(2) — 1 case
McCormack v. Hiedeman, 900 F. Supp. 2d 1128 (D. Idaho 2013). “” I.C. § 18-508(1). In addition, the PUCPA permits certain persons, including a prosecuting attorney, to file an action for injunctive relief against an abortion provider who violates section 18-505.”
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