HP0525, LD 745, item 1, An Act To Prohibit Female Genital Mutilation

An Act To Prohibit Female Genital Mutilation

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §214 is enacted to read:

§ 214. Female genital mutilation of a minor

1. A person is guilty of female genital mutilation of a minor if:

A. The person for nonmedical purposes circumcises, excises, mutilates or infibulates, in whole or in part, the labia majora, labia minora or clitoris of a female person under 18 years of age. A violation of this paragraph is a Class B crime;

B. The person, being a parent, guardian or person who has immediate custody of a female person under 18 years of age, consents to or permits for nonmedical purposes the circumcision, excision, mutilation or infibulation, in whole or in part, of the labia majora, labia minora or clitoris of the female person under 18 years of age. A violation of this paragraph is a Class B crime; or

C. The person removes or causes or permits the removal of a female person under 18 years of age from this State for the purpose of circumcising, excising, mutilating or infibulating, in whole or in part, the labia majora, labia minora or clitoris of the female person under 18 years of age for nonmedical purposes. A violation of this paragraph is a Class B crime.

2. For the purposes of this section, "nonmedical purposes" includes, but is not limited to, purposes of religion, custom or ritual.

3. It is not a defense to a violation of subsection 1 that the female person under 18 years of age or the parent, guardian or person who has immediate custody of the female person under 18 years of age consented to the circumcision, excision, mutilation or infibulation.

4. It is a defense to prosecution under this section that the circumcision, excision, mutilation or infibulation was done for purposes related to the health of a female person under 18 years of age as determined to be necessary by a physician licensed pursuant to Title 32, chapter 36 or 48.

SUMMARY

This bill makes it a Class B crime to perform female genital mutilation on a female person under 18 years of age for nonmedical purposes. The bill also makes it a Class B crime for a parent, guardian or person who has immediate custody of a female person under 18 years of age to consent to or permit female genital mutilation of that female person for nonmedical purposes or for a person to remove the female person from the State for such a procedure. Under the provisions of the bill it is not a defense that the female person, or the parent, guardian or person who has immediate custody of the female person, consented to the procedure but it is a defense that the procedure was done for medical purposes.

HP0525 LD 745	Session - 128th Maine Legislature		LR 456 Item 1
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