House File 63 - IntroducedA Bill ForAn Act 1creating the criminal offense of female genital
2mutilation and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  708.16  Female genital mutilation.
   21.  Except as otherwise provided in subsection 2, a person
3who knowingly circumcises, excises, or infibulates, in whole or
4in part, the labia majora, labia minora, or clitoris of another
5person commits a class “D” felony. Consent to the procedure
6by a minor on whom the procedure is performed or by the minor’s
7parent, guardian, or custodian is not a defense to a violation
8of this section.
   92.  A medical or surgical procedure is not a violation of
10subsection 1 if the procedure is performed by a physician
11licensed under chapter 148 under any of the following
12circumstances:
   13a.  When necessary to protect the health of the person on
14whom the procedure is performed.
   15b.  When performed on a person who is in labor or who
16has just given birth and is performed for medical purposes
17connected with that labor or birth.
   183.  A person who knowingly transports another person outside
19this state for the performance of a procedure that would be a
20violation of subsection 1 if the procedure occurred in this
21state, commits a class “D” felony.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
   25This bill creates the criminal offense of female genital
26mutilation and provides penalties.
   27The bill provides that a person who knowingly circumcises,
28excises, or infibulates, in whole or in part, the labia majora,
29labia minora, or clitoris of another person commits a class
30“D” felony. Consent to the procedure by a minor or by the
31minor’s parent, guardian, or custodian is not a defense to a
32violation of the bill. A medical or surgical procedure is not
33a violation of the bill if performed by a licensed physician
34when necessary to protect the health of the person on whom the
35procedure is performed or when performed on a person in labor
-1-1or who has just given birth for medical purposes connected with
2that labor or birth. A person who knowingly transports another
3person outside this state for the performance of female genital
4mutilation that would be a violation of the bill if the conduct
5occurred in this state, commits a class “D” felony.
   6A class “D” felony is punishable by confinement for no more
7than five years and a fine of at least $750 but not more than
8$7,500.
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