# Ark. Code Ann. § 20-16-2409: Penalties > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2409 ## Section - **Citation:** Ark. Code Ann. § 20-16-2409 - **Heading:** Penalties - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 20 / Chapter 16 / Subchapter 24 / Section 20-16-2409 ## Text (a) (1) A person who performs an abortion shall be subject to a fine of five thousand dollars ($5,000) for each abortion performed without complying with the requirements of § 20-16-2407 . (2) The abortion facility at which the abortion was performed shall be jointly and severally liable for each fine assessed under subdivision (a)(1) of this section. (b) The fine imposed by this section is in addition to the criminal liability under the Woman's Right-to-Know Act, § 20-16-1701 et seq. (c) The Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed may file an action to recover the fine assessed under subdivision (a)(1) of this section as well as reasonable and necessary attorney's fees and costs incurred in bringing the action. (d) (1) Any person may bring a civil action to recover the civil penalty assessed under this section if: (A) An action has not already been initiated by the Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed; and (B) Another person has not already recovered a fine for that specific violation of this subchapter. (2) If the person recovers the fine assessed under this section, the person may also recover attorney's fees and costs incurred in bringing the action. Amended by Act 2023, No. 703,§ 7, eff. 8/1/2023. Added by Act 2021, No. 90,§ 3, eff. 7/28/2021. (a) (1) A person who performs an abortion shall be subject to a fine of five thousand dollars ($5,000) for each abortion performed without complying with the requirements of § 20-16-2407 . (2) The abortion facility at which the abortion was performed shall be jointly and severally liable for each fine assessed under subdivision (a)(1) of this section. (1) A person who performs an abortion shall be subject to a fine of five thousand dollars ($5,000) for each abortion performed without complying with the requirements of § 20-16-2407 . (2) The abortion facility at which the abortion was performed shall be jointly and severally liable for each fine assessed under subdivision (a)(1) of this section. (b) The fine imposed by this section is in addition to the criminal liability under the Woman's Right-to-Know Act, § 20-16-1701 et seq. (c) The Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed may file an action to recover the fine assessed under subdivision (a)(1) of this section as well as reasonable and necessary attorney's fees and costs incurred in bringing the action. (d) (1) Any person may bring a civil action to recover the civil penalty assessed under this section if: (A) An action has not already been initiated by the Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed; and (B) Another person has not already recovered a fine for that specific violation of this subchapter. (2) If the person recovers the fine assessed under this section, the person may also recover attorney's fees and costs incurred in bringing the action. (1) Any person may bring a civil action to recover the civil penalty assessed under this section if: (A) An action has not already been initiated by the Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed; and (B) Another person has not already recovered a fine for that specific violation of this subchapter. (A) An action has not already been initiated by the Attorney General or the prosecuting attorney of the judicial district in which the abortion was performed; and (B) Another person has not already recovered a fine for that specific violation of this subchapter. (2) If the person recovers the fine assessed under this section, the person may also recover attorney's fees and costs incurred in bringing the action. Amended by Act 2023, No. 703,§ 7, eff. 8/1/2023. Added by Act 2021, No. 90,§ 3, eff. 7/28/2021. ## Nearby sections - [Ark. Code Ann. § 20-16-2401 Title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2401.md) - [Ark. Code Ann. § 20-16-2402 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2402.md) - [Ark. Code Ann. § 20-16-2403 Resource access assistance offer](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2403.md) - [Ark. Code Ann. § 20-16-2404 Applicability](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2404.md) - [Ark. Code Ann. § 20-16-2406 Care agents](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2406.md) - [Ark. Code Ann. § 20-16-2407 Administration](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2407.md) - [Ark. Code Ann. § 20-16-2408 Medical record audit procedure](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2408.md) - [Ark. Code Ann. § 20-16-2409 Penalties](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2409.md) - [Ark. Code Ann. § 20-16-2410 Confidentiality and disclosure](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2410.md) - [Ark. Code Ann. § 20-16-2411 Conscience protections](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2411.md) - [Ark. Code Ann. § 20-16-2412 Construction](https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2412.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T20_C16_S24_S20-16-2409. Check the current official text before relying on it. Not legal advice.