(a) Prohibited activities.--Whoever--
(1) by force or threat of force or by
physical obstruction, intentionally injures,
intimidates or interferes with or attempts to
injure, intimidate or interfere with any
person because that person is or has been, or
in order to intimidate such person or any
other person or any class of persons from,
obtaining or providing reproductive health
services;
(2) by force or threat of force or by
physical obstruction, intentionally injures,
intimidates or interferes with or attempts to
injure, intimidate or interfere with any
person lawfully exercising or seeking to
exercise the First Amendment right of
religious freedom at a place of religious
worship; or
(3) intentionally damages or destroys the
property of a facility, or attempts to do so,
because such facility provides reproductive
health services, or intentionally damages or
destroys the property of a place of religious
worship,
shall be subject to the penalties provided in
subsection (b) and the civil remedies
provided in subsection (c), except that a
parent or legal guardian of a minor shall not
be subject to any penalties or civil remedies
under this section for such activities
insofar as they are directed exclusively at
that minor.
(b) Penalties.--Whoever violates this
section shall--
(1) in the case of a first offense, be
fined in accordance with this title, or
imprisoned not more than one year, or both;
and
(2) in the case of a second or subsequent
offense after a prior conviction under this
section, be fined in accordance with this
title, or imprisoned not more than 3 years,
or both;
except that for an offense involving
exclusively a nonviolent physical
obstruction, the fine shall be not more than
$10,000 and the length of imprisonment shall
be not more than six months, or both, for the
first offense; and the fine shall,
notwithstanding section 3571, be not more
than $25,000 and the length of imprisonment
shall be not more than 18 months, or both,
for a subsequent offense; and except that if
bodily injury results, the length of
imprisonment shall be not more than 10 years,
and if death results, it shall be for any
term of years or for life.
(c) Civil remedies.--
(1) Right of action.--
(A) In general.--Any person aggrieved by
reason of the conduct prohibited by
subsection (a) may commence a civil action
for the relief set forth in subparagraph (B),
except that such an action may be brought
under subsection (a)(1) only by a person
involved in providing or seeking to provide,
or obtaining or seeking to obtain, services
in a facility that provides reproductive
health services, and such an action may be
brought under subsection (a)(2) only by a
person lawfully exercising or seeking to
exercise the First Amendment right of
religious freedom at a place of religious
worship or by the entity that owns or
operates such place of religious worship.
(B) Relief.--In any action under
subparagraph (A), the court may award
appropriate relief, including temporary,
preliminary or permanent injunctive relief
and compensatory and punitive damages, as
well as the costs of suit and reasonable
fees for attorneys and expert witnesses.
With respect to compensatory damages, the
plaintiff may elect, at any time prior to the
rendering of final judgment, to recover, in
lieu of actual damages, an award of statutory
damages in the amount of $5,000 per
violation.
(2) Action by Attorney General of the
United States.--
(A) In general.--If the Attorney General
of the United States has reasonable cause to
believe that any person or group of persons
is being, has been, or may be injured by
conduct constituting a violation of this
section, the Attorney General may commence a
civil action in any appropriate United States
District Court.
(B) Relief.--In any action under
subparagraph (A), the court may award
appropriate relief, including temporary,
preliminary or permanent injunctive relief,
and compensatory damages to persons aggrieved
as described in paragraph (1)(B). The court,
to vindicate the public interest, may also
assess a civil penalty against each
respondent--
(i) in an amount not exceeding $10,000
for a nonviolent physical obstruction and
$15,000 for other first violations; and
(ii) in an amount not exceeding $15,000
for a nonviolent physical obstruction and
$25,000 for any other subsequent violation.
(3) Actions by State Attorneys General.--
(A) In general.--If the Attorney General
of a State has reasonable cause to believe
that any person or group of persons is being,
has been, or may be injured by conduct
constituting a violation of this section,
such Attorney General may commence a civil
action in the name of such State, as parens
patriae on behalf of natural persons residing
in such State, in any appropriate United
States District Court.
(B) Relief.--In any action under
subparagraph (A), the court may award
appropriate relief, including temporary,
preliminary or permanent injunctive relief,
compensatory damages, and civil penalties as
described in paragraph (2)(B).
(d) Rules of construction.--Nothing in this
section shall be construed--
(1) to prohibit any expressive conduct
(including peaceful picketing or other
peaceful demonstration) protected from legal
prohibition by the First Amendment to the
Constitution;
(2) to create new remedies for interference
with activities protected by the free speech
or free exercise clauses of the First
Amendment to the Constitution, occurring
outside a facility, regardless of the point
of view expressed, or to limit any existing
legal remedies for such interference;
(3) to provide exclusive criminal penalties
or civil remedies with respect to the conduct
prohibited by this section, or to preempt
State or local laws that may provide such
penalties or remedies; or
(4) to interfere with the enforcement of
State or local laws regulating the
performance of abortions or other
reproductive health services.
(e) Definitions.--As used in this section:
(1) Facility.--The term "facility" includes
a hospital, clinic, physician's office, or
other facility that provides reproductive
health services, and includes the building or
structure in which the facility is located.
(2) Interfere with.--The term "interfere
with" means to restrict a person's freedom of
movement.
(3) Intimidate.--The term "intimidate"
means to place a person in reasonable
apprehension of bodily harm to him- or
herself or to another.
(4) Physical obstruction.--The term
"physical obstruction" means rendering
impassable ingress to or egress from a
facility that provides reproductive health
services or to or from a place of religious
worship, or rendering passage to or from such
a facility or place of religious worship
unreasonably difficult or hazardous.
(5) Reproductive health services.--The term
"reproductive health services" means
reproductive health services provided in a
hospital, clinic, physician's office, or
other facility, and includes medical,
surgical, counseling or referral services
relating to the human reproductive system,
including services relating to pregnancy or
the termination of a pregnancy.
(6) State.--The term "State" includes a
State of the United States, the District of
Columbia, and any commonwealth, territory, or
possession of the United States.
