Section 568.065

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 568

Effective - 01 Jan 2017, 2 histories, see footnote   

  568.065.  Genital mutilation of a female child, penalty — affirmative defenses. — 1.  A person commits the offense of genital mutilation if he or she:

  (1)  Excises or infibulates, in whole or in part, the labia majora, labia minora, vulva or clitoris of a female child less than seventeen years of age; or

  (2)  Is a parent, guardian or other person legally responsible for a female child less than seventeen years of age and permits the excision or infibulation, in whole or in part, of the labia majora, labia minora, vulva or clitoris of such female child.

  2.  The offense of genital mutilation is a class B felony.

  3.  Belief that the conduct described in subsection 1 of this section is required as a matter of custom, ritual or standard practice, or consent to the conduct by the child on whom it is performed or by the child's parent or legal guardian, shall not be an affirmative defense to a charge pursuant to this section.

  4.  It is a defense if the conduct which constitutes genital mutilation was:

  (1)  Necessary to preserve the health of the child on whom it is performed and is performed by a person licensed to practice medicine in this state; or

  (2)  Performed on a child who is in labor or who has just given birth and is performed for medical purposes connected with such labor or birth by a person licensed to practice medicine in this state.

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(L. 2000 S.B. 757 & 602, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

Child molestation, first and second degree, 566.067, 566.068