Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Co-Sponsored by:
Senators Gill, Greenstein, Assemblywomen Casagrande, Mosquera, Assemblyman Coughlin and Assemblywoman Jasey
SYNOPSIS
Prohibits genital mutilation of females under 18 years of age.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the female genital mutilation of females under 18 years of age and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Except as otherwise provided in this section, a person is guilty of a crime of the third degree if the person:
(1) knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a female under 18 years of age;
(2) is a parent, guardian, or has immediate custody or control of a female under 18 years of age and knowingly consents to, or permits the circumcision, excision, or infibulation, in whole or in part of, the labia majora, labia minora, or clitoris of a female under 18 years of age; or
(3) knowingly removes or permits the removal of a female under 18 years of age from the State for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of the female under 18 years of age.
b. The provisions of subsection a. of this section shall not apply if the circumcision, excision, or infibulation is:
(1) necessary to the health of the female on whom it is performed and it is performed by a licensed health care professional acting within the scope of the professional's license; or
(2) performed on a female in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a licensed health care professional acting within the scope of the professional's license or by a person in training to become such a licensed health care professional.
c. It shall not be a defense to a prosecution under this section that:
(1) the person engaging in the conduct prohibited by subsection a. of this section believed that the procedure was necessary or appropriate as a matter of custom, ritual, or standard practice; or
(2) the female on whom the circumcision, excision, or infibulation was performed, or the female’s parent, guardian, or person who had immediate custody or control over the female, consented to the procedure.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits the practice of female genital mutilation on females under the age of 18. Female genital mutilation involves the partial or total removal of, or other injury to, the female external genitalia for non-medical reasons. Typically, the procedure is performed on girls under the age of 15 and can cause severe, lifelong medical complications. It is estimated that more than 228,000 women and girls in the United States currently are at risk for, or have undergone, female genital mutilation.
The bill specifically provides that a person is guilty of a third degree crime (punishable by a specific term of years between three and five years or a fine of up to $15,000, or both) if the person:
(1) knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a female under 18 years of age;
(2) is a parent, guardian, or has immediate custody or control of a female under 18 years of age and knowingly consents to, or permits the circumcision, excision, or infibulation, in whole or in part of, the labia majora, labia minora, or clitoris of a female under 18 years of age; or
(3) knowingly removes or permits the removal of a female under 18 years of age from the State for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of the female under 18 years of age.
The bill provides an exception for a procedure that is necessary to the health of the female on whom it is performed if it is carried out by a licensed health care professional acting within the scope of the professional's license, or if the procedure is performed on a female in labor or who has just given birth for medical purposes connected with that labor or birth by a licensed health care professional acting within the scope of the professional's license or by a person in training to become such a licensed health care professional.
It is not a defense that the person engaging in the conduct prohibited by this bill believed that the procedure was necessary or appropriate as a matter of custom, ritual, or standard practice, or that the female on whom the procedure was carried out, her parent, guardian, or person who had immediate custody or control over the female, consented to the procedure.