Bill Text: IA HF2152 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act creating the criminal offense of female genital mutilation and providing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-15 - Subcommittee reassigned, Heartsill, Anderson, and Windschitl. H.J. 225. [HF2152 Detail]

Download: Iowa-2015-HF2152-Introduced.html
House File 2152 - Introduced




                                 HOUSE FILE       
                                 BY  ANDERSON

                                      A BILL FOR

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



  1  1    Section 1.  NEW SECTION.  708.16  Female genital mutilation.
  1  2    1.  Except as otherwise provided in subsection 2, a person
  1  3 who knowingly circumcises, excises, or infibulates, in whole or
  1  4 in part, the labia majora, labia minora, or clitoris of another
  1  5 person commits a class "C" felony.  Consent to the procedure
  1  6 by a minor on whom the procedure is performed or by the minor's
  1  7 parent, guardian, or custodian is not a defense to a violation
  1  8 of this section.
  1  9    2.  A medical or surgical procedure is not a violation of
  1 10 subsection 1 if the procedure is performed by a physician
  1 11 licensed under chapter 148 under any of the following
  1 12 circumstances:
  1 13    a.  When necessary to protect the health of the person on
  1 14 whom the procedure is performed.
  1 15    b.  When performed on a person who is in labor or who
  1 16 has just given birth and is performed for medical purposes
  1 17 connected with that labor or birth.
  1 18    3.  A person who knowingly transports another person outside
  1 19 this state for the performance of a procedure that would be a
  1 20 violation of subsection 1 if the procedure occurred in this
  1 21 state, commits a class "D" felony.
  1 22                           EXPLANATION
  1 23 The inclusion of this explanation does not constitute agreement with
  1 24 the explanation's substance by the members of the general assembly.
  1 25    This bill creates the criminal offense of female genital
  1 26 mutilation and provides penalties.
  1 27    The bill provides that a person who knowingly circumcises,
  1 28 excises, or infibulates, in whole or in part, the labia majora,
  1 29 labia minora, or clitoris of another person commits a class
  1 30 "C" felony.  Consent to the procedure by a minor or by the
  1 31 minor's parent, guardian, or custodian is not a defense to a
  1 32 violation of the bill. A medical or surgical procedure is not
  1 33 a violation of the bill if performed by a licensed physician
  1 34 when necessary to protect the health of the person on whom the
  1 35 procedure is performed or when performed on a person in labor
  2  1 or who has just given birth for medical purposes connected with
  2  2 that labor or birth.  A person who knowingly transports another
  2  3 person outside this state for the performance of female genital
  2  4 mutilation that would be a violation of the bill if the conduct
  2  5 occurred in this state, commits a class "D" felony.
  2  6    A class "C" felony is punishable by confinement for no more
  2  7 than 10 years and a fine of at least $1,000 but not more than
  2  8 $10,000 and a class "D" felony is punishable by confinement for
  2  9 no more than five years and a fine of at least $750 but not more
  2 10 than $7,500.
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