HF 2152 (LSB 5516YH (2) 86)

HOUSE FILE 2152

BY  ANDERSON

A BILL FOR

An Act creating the criminal offense of female genital mutilation and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  708.16  Female genital mutilation.
   1.  Except as otherwise provided in subsection 2, a person who knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of another person commits a class “C” felony. Consent to the procedure by a minor on whom the procedure is performed or by the minor’s parent, guardian, or custodian is not a defense to a violation of this section.
   2.  A medical or surgical procedure is not a violation of subsection 1 if the procedure is performed by a physician licensed under chapter 148 under any of the following circumstances:
   a.  When necessary to protect the health of the person on whom the procedure is performed.
   b.  When performed on a person who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth.
   3.  A person who knowingly transports another person outside this state for the performance of a procedure that would be a violation of subsection 1 if the procedure occurred in this state, commits a class “D” felony. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill creates the criminal offense of female genital mutilation and provides penalties.
   The bill provides that a person who knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of another person commits a class “C” felony. Consent to the procedure by a minor or by the minor’s parent, guardian, or custodian is not a defense to a violation of the bill. A medical or surgical procedure is not a violation of the bill if performed by a licensed physician when necessary to protect the health of the person on whom the procedure is performed or when performed on a person in labor or who has just given birth for medical purposes connected with that labor or birth. A person who knowingly transports another person outside this state for the performance of female genital mutilation that would be a violation of the bill if the conduct occurred in this state, commits a class “D” felony.
   A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000 and a class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.