HB1364/SB1166 – Strengthens current law concerning female genital mutilation Weaver/Hensley

Bill Description

This bill expands the offense of female genital mutilation, creates a civil cause of action for victims of female genital mutilation, and expands offenses related to child abuse to include female genital mutilation, as discussed below.
Under present law, it is a Class D felony to knowingly mutilate female genitalia, unless the procedure is medically needed. "Mutilation" consists of circumcising, excising or infibulating, in whole or in part, the labia majora, labia minora or clitoris of another. Consent to the procedure by a minor on whom it is performed or by the minor's parent is not a defense to a violation.
This bill expands the procedures considered to be "mutilation," as detailed in this bill, including any harmful procedure to the genitalia such as pricking, piercing, or scraping. This bill also creates the Class D felonies of:
(1) Knowingly facilitating the mutilation of a female. Under this bill, to facilitate the mutilation of a female means raising, soliciting, collecting, or providing material support or resources with intent that such will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of female genital mutilation or hindering the prosecution of an act of female genital mutilation, or the concealing of an act of female genital mutilation; and
(2) Knowingly transporting or facilitating the transportation of a female for the purpose of mutilation.
This bill adds that it will not be a defense to a violation that a female genital mutilation procedure is:
(1) Required as a matter of belief, custom, or ritual; or
(2) Consented to by any minor on whom the procedure is performed.

TLRC Position

Favor: FGM is a brutal, barbaric practice and should be called out for what it is: an insidious, misogynistic practice imposed by Islamic men on women to keep them slavishly and sexually imprisoned for the sole pleasure of the men. This procedure denies women of the inherent pleasure of sexual activity and discourages their desire for sex. This gives their "masters" comfort in the fidelity of their women while securing the means of their own pleasure at any time they wish.

TLRC Observed Process

Passed both chambers with virtually no opposition. Only Dixie and Parkinson opposed in the House.

Vote Result: Passed

Score: +5

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