13-1214. Unlawful mutilation; classification; definition
A. It is unlawful for a person to:
1. Mutilate a female who is under eighteen years of age.
2. Knowingly transport a female who is under eighteen years of age to another jurisdiction for the purpose of mutilation.
3. Recklessly transport a female who is under eighteen years of age to another jurisdiction where mutilation is likely to occur.
B. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than twenty-five thousand dollars.
C. Unlawful mutilation is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, unlawful mutilation is punishable pursuant to section 13-705. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. The term for a first offense is as follows:
Minimum Presumptive Maximum 5.25 years 7 years 14 years
The term for a defendant who has one historical prior felony conviction is as follows:
Minimum Presumptive Maximum 7 years 10.5 years 21 years
The term for a defendant who has two or more historical prior felony convictions is as follows:
Minimum Presumptive Maximum 14 years 15.75 years 28 years
D. The sentence imposed on a person for unlawful mutilation shall be consecutive to any other unlawful mutilation sentence imposed on the person at any time.
E. The consent of the minor on whom the mutilation is performed or the parents of the minor is not a defense to a prosecution for unlawful mutilation.
F. For the purposes of this section, " mutilate" or " mutilation" means the partial or total removal of the clitoris, prepuce, labia minora, with or without excision of the labia major, the narrowing of the vaginal opening through the creation of a covering seal formed by cutting and repositioning the inner or outer labia, with or without removal of the clitoris, or any harmful procedure to the genitalia, including pricking, piercing, incising, scraping or cauterizing. Mutilate and mutilation do not include procedures performed by a licensed physician that are proven to be medically necessary due to a medically recognized condition.
Section: Previous 13-1207 13-1208 13-1209 13-1210 13-1211 13-1212 13-1213 13-1214 13-1301 13-1302 13-1303 13-1304 13-1305 13-1306 13-1307 NextLast modified: October 13, 2016