Section 568.065

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 568

Effective - 28 Aug 2000, 2 histories, see footnote   (history) 

  *568.065.  Until December 31, 2016 — Genital mutilation of a female child, penalty — affirmative defenses. — 1.  A person commits the crime of genital mutilation if such person:

  (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.  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 an affirmative defense that the defendant engaged in the conduct charged which constitutes genital mutilation if the conduct 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)

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.

CROSS REFERENCE:

Child molestation, first and second degree, 566.067, 566.068