7 Patrice M. Arent
9 LONG TITLE
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
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:
25 Other Special Clauses:
27 Utah Code Sections Affected:
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
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
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.