Tennessee Code Annotated

Tenn. Code Ann. § 39-15-201 (2026)

Abortion trafficking of minors - Penalty - Exclusions and exceptions - Civil Actions

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaTenn. Code CornellLII Search CasesGoogle Scholar

(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):
  - (A) Economic damages;
  - (B) Noneconomic damages;
  - (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.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1992–2025 · leading case: Davis v. Davis, 842 S.W.2d 588 (Tenn. 1992).

Sort: Relevance Newest Treatment

Davis v. Davis, 842 S.W.2d 588 (Tenn. 1992). · cites it 6× “Tenn. Code Ann. § 39-15-201 incorporates the trimester approach to abortion outlined in Roe v.”

Roddy v. Volunteer Med. Clinic, Inc., 926 S.W.2d 572 (Tenn. Ct. App. 1996). · cites it 6× “aims for “severe pain and mental anguish” and “psychological injury and damage as a direct and proximate result of the Defendants’ negligence” failed to state a claim upon which relief could be granted; the complaint failed to state a cause of action for outrageous conduct or…”

Planned Parenthood of Middle Tennessee v. Sundquist, 38 S.W.3d 1 (Tenn. 2000). · cites it 62× “PROCEDURAL BACKGROUND The abortion statutes at issue in this appeal are codified at Tenn.Code Ann. §§ 39-15-201 and -202 (1997).”

Memphis Ctr. for Reprod. Health v. Herbert Slatery, III, 14 F.4th 409 (6th Cir. 2021). “Tenn. Code Ann. §§ 39-15-201 (b)(1), -211(b), -212(a).”

Planned Parenthood Ass'n of Tennessee v. Don Sundquist, Governor of the State of Tennessee (Tenn. Ct. App. 2004). · cites it 79× “Acts 1169 (codified at Tenn. Code Ann. §§ 39-15-201 , -208 (Supp.”

Hartsell Ex Rel. Upton v. Fort Sanders Reg'l Med. Ctr., 905 S.W.2d 944 (Tenn. Ct. App. 1995). “Abortion is defined by T.C.A 39-15-201, as follows: (1) “Abortion” means the administration to any woman pregnant with child, whether such child be quick or not, of any medicine, drug, or substance whatever, or the use or employment of any instrument, or other means whatever,…”

Rachel Welty v. Bryant Dunaway (6th Cir. 2025). · cites it 2× “1032 (codified at Tenn. Code Ann. § 39-15-201 ). The Act bans adults from “intentionally recruit[ing], harbor[ing], or transport[ing] a pregnant unemancipated minor” within Tennessee “for the purpose of” concealing an abortion from the minor’s parents, procuring an abortion for…”

Memphis Ctr. for Reprod. Health v. Herbert Slatery, III (6th Cir. 2021). “Tenn. Code Ann. §§ 39-15-201 (b)(1), -211(b), -212(a).”

— Tenn. Code Ann. § 39-15-201(b) — 1 case

Planned Parenthood Ass'n of Tennessee v. Don Sundquist, Governor of the State of Tennessee (Tenn. Ct. App. 2004). “Acts 1169 (codified at Tenn. Code Ann. §§ 39-15-201 , -208 (Supp.”

— Tenn. Code Ann. § 39-15-201(c)(1) — 1 case

Planned Parenthood Ass'n of Tennessee v. Don Sundquist, Governor of the State of Tennessee (Tenn. Ct. App. 2004). “Acts 1169 (codified at Tenn. Code Ann. §§ 39-15-201 , -208 (Supp.”

— Tenn. Code Ann. § 39-15-201(c)(2) — 2 cases

Planned Parenthood of Middle Tennessee v. Sundquist, 38 S.W.3d 1 (Tenn. 2000). “PROCEDURAL BACKGROUND The abortion statutes at issue in this appeal are codified at Tenn.Code Ann. §§ 39-15-201 and -202 (1997).”

Planned Parenthood Ass'n of Tennessee v. Don Sundquist, Governor of the State of Tennessee (Tenn. Ct. App. 2004). “Acts 1169 (codified at Tenn. Code Ann. §§ 39-15-201 , -208 (Supp.”

— Tenn. Code Ann. § 39-15-201(c)(3) — 1 case

— Tenn. Code Ann. § 39-15-201(d) — 1 case

— Tenn. Code Ann. § 39-15-201(e)(2) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.