House Bill 739

AN ACT TO CREATE THE CRIME OF FEMALE GENITAL MUTILATION; TO PROVIDE THE ELEMENTS OF THE CRIME; TO PROVIDE THAT A VIOLATION OF THIS ACT SHALL BE A FELONY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The crime of female genital mutilation is committed when a person:

(a) Knowingly circumcises, excises, or infibulates any part of the labia majora or labia minora or clitoris of another person who is younger than eighteen (18) years of age;

(b) Is a parent or legal guardian of another person who is younger than eighteen (18) years of age and knowingly consents to or permits the act prohibited by this section to be performed on that person; or

(c) Knowingly transports or facilitates the transportation of another person who is younger than eighteen (18) years of age within this state or from this state for the purpose of having an act prohibited by this section performed on that person.

(2) It shall be a defense to prosecution under subsection (1) of this section if:

(a) The act is performed for medical purposes; and

(b) The person performing the act is a physician or other licensed health care professional and the act is within the scope of the person's license.

(3) It is not a defense to prosecution under this section that:

(a) The person on whom the circumcision, excision, or infibulation was performed or was to be performed, or another person authorized to consent to medical treatment of that person, including that person's parent or legal guardian, consented to the circumcision, excision, or infibulation;

(b) The circumcision, excision, or infibulation is required by a custom or practice of a particular group; or

(c) The circumcision, excision, or infibulation was performed or was to be performed as part of or in connection with a religious or other ritual ceremony or process.

(4) Upon conviction under this section, a person shall be sentenced to the commitment of the Department of Corrections for not more than five (5) years or fined not more than Ten Thousand Dollars ($10,000.00), or both.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.