Crimes and Criminal Procedure - 18 USC Section 116

01/19/04

Sec. 116. Female genital mutilation

(a) Except as provided in subsection (b), whoever knowingly
circumcises, excises, or infibulates the whole or any part of the
labia majora or labia minora or clitoris of another person who has
not attained the age of 18 years shall be fined under this title or
imprisoned not more than 5 years, or both.
(b) A surgical operation is not a violation of this section if
the operation is -

(1) necessary to the health of the person on whom it is
performed, and is performed by a person licensed in the place of
its performance as a medical practitioner; or

(2) performed on a person in labor or who has just given birth
and is performed for medical purposes connected with that labor
or birth by a person licensed in the place it is performed as a
medical practitioner, midwife, or person in training to become
such a practitioner or midwife.
(c) In applying subsection (b)(1), no account shall be taken of
the effect on the person on whom the operation is to be performed
of any belief on the part of that person, or any other person, that
the operation is required as a matter of custom or ritual.

CONGRESSIONAL FINDINGS
Section 645(a) of div. C of Pub. L. 104-208 provided that: "The
Congress finds that -

"(1) the practice of female genital mutilation is carried out
by members of certain cultural and religious groups within the
United States;

"(2) the practice of female genital mutilation often results in
the occurrence of physical and psychological health effects that
harm the women involved;

"(3) such mutilation infringes upon the guarantees of rights
secured by Federal and State law, both statutory and
constitutional;

"(4) the unique circumstances surrounding the practice of
female genital mutilation place it beyond the ability of any
single State or local jurisdiction to control;

"(5) the practice of female genital mutilation can be
prohibited without abridging the exercise of any rights
guaranteed under the first amendment to the Constitution or under
any other law; and

"(6) Congress has the affirmative power under section 8 of
article I, the necessary and proper clause, section 5 of the
fourteenth Amendment, as well as under the treaty clause, to the
Constitution to enact such legislation."

Last modified: April 12, 2006