Chief Sponsor: Ken Ivory

Senate Sponsor: Luz Escamilla

6     Cosponsors:
7     Patrice M. Arent
Angela Romero


10     General Description:
11          This bill prohibits female genital mutilation and provides a penalty.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines female genital mutilation;
15          ▸     makes performing or facilitating female genital mutilation a second degree felony;
16          ▸     provides that a medical professional who performs female genital mutilation shall
17     lose the ability to practice permanently;
18          ▸     declares that female genital mutilation is a form of child abuse for reporting
19     requirements;
20          ▸     allows a person subject to female genital mutilation to bring a civil action; and
21          ▸     requires the Department of Health to create an education program to alert the
22     community to the health risks and emotional trauma of female genital mutilation.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     ENACTS:
29          76-5-701, Utah Code Annotated 1953
30          76-5-702, Utah Code Annotated 1953
31          76-5-703, Utah Code Annotated 1953
32          76-5-704, Utah Code Annotated 1953

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 76-5-701 is enacted to read:
36          76-5-701. Female genital mutilation definition.
37          (1) As used in this part, female genital mutilation means any procedure that involves
38     partial or total removal of the external female genitalia, or any harmful procedure to the female
39     genitalia, including:
40          (a) clitoridectomy;
41          (b) the partial or total removal of the clitoris or the prepuce;
42          (c) excision or the partial or total removal of the clitoris and the labia minora, with or
43     without excision of the labia majora;
44          (d) infibulation or the narrowing of the vaginal orifice with the creation of a covering
45     seal by cutting and appositioning the labia minora or the labia majora, with or without excision
46     of the clitoris;
47          (e) pricking, piercing, incising, or scraping, and cauterizing the genital area; or
48          (f) any other actions intended to alter the structure or function of the female genitalia
49     for non-medical reasons.
50          (2) Female genital mutilation is considered a form of child abuse for mandatory
51     reporting under Section 62A-4a-403.
52          Section 2. Section 76-5-702 is enacted to read:
53          76-5-702. Prohibition on female genital mutilation -- Exceptions.
54          (1) It is a second degree felony for any person to:

55          (a) perform a procedure described in Section 76-5-701 on a female under 18 years of
56     age;
57          (b) give permission for or permit a procedure described in Section 76-5-701 to be
58     performed on a female under 18 years of age; or
59          (c) remove or cause, permit, or facilitate the removal of a female under 18 years of age
60     from this state for the purpose of facilitating the performance of a procedure described in
61     Section 76-5-701 on the female.
62          (2) It is not a defense to female genital mutilation that the conduct described in Section
63     76-5-701 is required as a matter of religion, custom, ritual, or standard practice, or that the
64     individual on whom it is performed or the individual's parent or guardian consented to the
65     procedure.
66          (3) A surgical procedure is not a violation of Section 76-5-701 if the procedure is
67     performed by a physician licensed as a medical professional in the place it is performed and is:
68          (a) medically advisable;
69          (b) necessary to preserve or protect the physical health of the person on whom it is
70     performed; or
71          (c) requested for sex reassignment surgery by the person on whom it is performed.
72          (4) A medical professional licensed in accordance with Title 58, Chapter 31b, Nurse
73     Practice Act, Chapter 67, Utah Medical Practice Act, Chapter 68, Utah Osteopathic Medical
74     Practice Act, or Chapter 70a, Physician Assistant Act, who is convicted of a violation of this
75     section shall have their license permanently revoked by the appropriate licensing board.
76          Section 3. Section 76-5-703 is enacted to read:
77          76-5-703. Community Education Program.
78          (1) The director of the Department of Health shall develop a community education
79     program regarding female genital mutilation.
80          (2) The program shall include:
81          (a) education, prevention, and outreach materials regarding the health risks and

82     emotional trauma inflicted by the practice of female genital mutilation;
83          (b) ways to develop and disseminate information regarding recognizing the risk factors
84     associated with female genital mutilation; and
85          (c) training materials for law enforcement, teachers, and others who are mandated
86     reporters under Section 62A-4a-403, encompassing:
87          (i) risk factors associated with female genital mutilation;
88          (ii) signs that an individual may be a victim of female genital mutilation;
89          (iii) best practices for responses to victims of female genital mutilation; and
90          (iv) the criminal penalties associated with the facilitation or commission of female
91     genital mutilation.
92          Section 4. Section 76-5-704 is enacted to read:
93          76-5-704. Civil cause of action.
94          (1) A victim of female genital mutilation may bring a civil action in any court of
95     competent jurisdiction for female genital mutilation any time within 10 years of:
96          (a) the procedure being performed; or
97          (b) the victim's 18th birthday.
98          (2) The court may award actual, compensatory, and punitive damages, and any other
99     appropriate relief.
100          (3) A prevailing plaintiff shall be awarded attorney fees and costs.
101          (4) Treble damages may be awarded if the plaintiff proves the defendant's acts were
102     willful and malicious.
103          (5) If a health care provider is charged and prosecuted for a violation of Section
104     76-5-702, Section 78B-3-416 may not apply to an action against the health care provider under
105     this section.