Penalties

(a)Any person who intentionally performs an abortion with knowledge that or with reckless disregard as to whether the person upon whom the abortion is to be performed is an unemancipated minor or an incompetent person without obtaining the required consent is guilty of a felony of the 3rd degree. It is a defense to prosecution under this Section that the minor falsely represented her age or identity to the physician to be at least eighteen

(18)years of age by displaying an apparently valid governmental record of identification such that a careful and prudent person under similar circumstances would have relied on the representation. The defense does not apply if the physician is shown to have had independent knowledge of the minor’s actual age or identity or failed to use due diligence in determining the minor’s age or identity.

(b)Failure to obtain consent from person(s) from whom consent is required under this Act is prima facie evidence of failure to obtain consent and of interference with family relations in appropriate civil actions. Such prima facie evidence shall not apply to any other issue other than failure to inform the parents or legal guardian and interference with family relations in appropriate civil actions. The civil action may be based on a claim that the COL05182012 CH. 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION act was a result of simple negligence, gross negligence, wantonness, willfulness, intention, or other legal standard of care. The laws of Guam shall not be construed to preclude the award of exemplary damages in any appropriate civil action relevant to violations of this Act. Nothing in this Act shall be construed to limit the common law rights of the parents or legal guardians.

(c)Any person not authorized to provide consent under this Act who provides consent is guilty of a felony of the 3rd degree.

(d)Any person who coerces a minor to have an abortion is guilty of a misdemeanor.