Legislation
SECTION 130.85
Female genital mutilation
Penal (PEN) CHAPTER 40, PART 3, TITLE H, ARTICLE 130
§ 130.85 Female genital mutilation.
1. A person is guilty of female genital mutilation when:
(a) a person knowingly circumcises, excises, or infibulates the whole
or any part of the labia majora or labia minora or clitoris of another
person who has not reached eighteen years of age; or
(b) being a parent, guardian or other person legally responsible and
charged with the care or custody of a child less than eighteen years
old, he or she knowingly consents to the circumcision, excision or
infibulation of whole or part of such child's labia majora or labia
minora or clitoris.
2. Such circumcision, excision, or infibulation is not a violation of
this section if such act is:
(a) necessary to the health of the person on whom it is performed, and
is performed by a person licensed in the place of its performance as a
medical practitioner; or
(b) performed on a person in labor or who has just given birth and is
performed for medical purposes connected with that labor or birth by a
person licensed in the place it is performed as a medical practitioner,
midwife, or person in training to become such a practitioner or midwife.
3. For the purposes of paragraph (a) of subdivision two of this
section, no account shall be taken of the effect on the person on whom
such procedure is to be performed of any belief on the part of that or
any other person that such procedure is required as a matter of custom
or ritual.
Female genital mutilation is a class E felony.
1. A person is guilty of female genital mutilation when:
(a) a person knowingly circumcises, excises, or infibulates the whole
or any part of the labia majora or labia minora or clitoris of another
person who has not reached eighteen years of age; or
(b) being a parent, guardian or other person legally responsible and
charged with the care or custody of a child less than eighteen years
old, he or she knowingly consents to the circumcision, excision or
infibulation of whole or part of such child's labia majora or labia
minora or clitoris.
2. Such circumcision, excision, or infibulation is not a violation of
this section if such act is:
(a) necessary to the health of the person on whom it is performed, and
is performed by a person licensed in the place of its performance as a
medical practitioner; or
(b) performed on a person in labor or who has just given birth and is
performed for medical purposes connected with that labor or birth by a
person licensed in the place it is performed as a medical practitioner,
midwife, or person in training to become such a practitioner or midwife.
3. For the purposes of paragraph (a) of subdivision two of this
section, no account shall be taken of the effect on the person on whom
such procedure is to be performed of any belief on the part of that or
any other person that such procedure is required as a matter of custom
or ritual.
Female genital mutilation is a class E felony.