Page:United States Statutes at Large Volume 108 Part 1.djvu/721

 PUBLIC LAW 103-259—MAY 26, 1994 108 STAT. 695 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 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. —I f the Attorney General of the United States has reasonable cause to believe that any gerson or group of persons is being, has been, or may e 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—

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