Offenses Against Persons
Female genital mutilation
(1)A person commits the crime of female genital mutilation if the person:
(a)Knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a child; or
(b)Is the parent, guardian or other person legally responsible for the care or custody of a child and knowingly allows the circumcision, excision or infibulation of the whole or any part of the child’s labia majora, labia minora or clitoris.
(2)Female genital mutilation is a Class B felony.
(3)(a) A person who circumcises, excises or infibulates the whole or any part of a child’s labia majora, labia minora or clitoris does not violate subsection (1) of this section if:
(A)The person is a physician, licensed to practice in this state; and
(B)The surgery is medically necessary for the physical well-being of the child.
(b)In determining medical necessity for purposes of paragraph (a)(B) of this subsection, a person may not consider the effect on the child of the child’s belief that the surgery is required as a matter of custom or ritual. [1999 c.737 §1]
Law Review Citations
51 OLR 427-637 (1972)