1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, prohibiting mutilation of female
3genitalia.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 18 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 3131. Female mutilation.

9(a) Offense defined.--A person commits the offense of female
10mutilation if:

11(1) the person knowingly circumcises, excises or
12infibulates the whole or any part of the genitalia of a
13minor;

14(2) the person is a parent of a minor and the parent
15knowingly consents or permits the circumcision, excision or
16infibulation of the whole or any part of the minor's

1genitalia; or

2(3) the person knowingly removes or permits the removal
3of a minor from this Commonwealth for the purpose of
4circumcising, excising or infibulating, in whole or in part,
5the genitalia of the minor.

6(b) Grading.--Female mutilation is a felony of the first
7degree.

8(c) Exception.--The provisions of subsection (a) shall not
9apply if the circumcision, excision or infibulation is:

10(1) necessary to the health of the minor on whom it is
11performed and either is performed by a physician or is
12performed in the presence of a physician by a person in
13training to become a physician in accordance with the act of
14October 5, 1978 (P.L.1109, No.261), known as the Osteopathic
15Medical Practice Act, or the act of December 20, 1985
16(P.L.457, No.112), known as the Medical Practice Act of 1985;
17or

18(2) performed on a minor in labor or who has just given
19birth and is performed for medical reasons connected with
20that labor or birth by a physician or in the presence of a
21physician by a person in training to become a physician in
22accordance with the Osteopathic Medical Practice Act or the
23Medical Practice Act of 1985.

24(d) Custom or consent not a defense.--It shall not be a
25defense to a prosecution under this section that:

26(1) the actor believed that the procedure was necessary
27or appropriate as a matter of custom, ritual or standard
28practice; or

29(2) the minor upon whom the circumcision, excision or
30infibulation was performed consented to the procedure or that

1the minor's parent consented to the procedure.

2(e) Definitions.--As used in this section, the following
3words and phrases shall have the meanings given to them in this
4subsection unless the context clearly indicates otherwise:

5"Minor." A natural person who is a female under 18 years of
6age.

7"Parent." The term includes a natural parent, stepparent,
8adoptive parent, guardian or custodian of the minor.

9Section 2. This act shall take effect in 60 days.