PRINTER'S NO. 119
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
135
Session of
2015
INTRODUCED BY MURT, BAKER, BISHOP, CALTAGIRONE, COHEN, D. COSTA,
M. DALEY, GINGRICH, JAMES, MILLARD, O'BRIEN, C. PARKER,
PICKETT, SANTARSIERO, SCHLOSSBERG AND WATSON,
JANUARY 21, 2015
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 21, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in sexual offenses, prohibiting
mutilation of female genitalia.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3132. Female mutilation.
(a) Offense defined.--A person commits the offense of female
mutilation if:
(1) the person knowingly circumcises, excises or
infibulates the whole or any part of the genitalia of a
minor;
(2) the person is a parent of a minor and the parent
knowingly consents or permits the circumcision, excision or
infibulation of the whole or any part of the minor's
genitalia; or
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(3) the person knowingly removes or permits the removal
of a minor from this Commonwealth for the purpose of
circumcising, excising or infibulating, in whole or in part,
the genitalia of the minor.
(b) Grading.--Female mutilation is a felony of the first
degree.
(c) Exception.--The provisions of subsection (a) shall not
apply if the circumcision, excision or infibulation is:
(1) necessary to the health of the minor on whom it is
performed and either is performed by a physician or is
performed in the presence of a physician by a person in
training to become a physician in accordance with the act of
October 5, 1978 (P.L.1109, No.261), known as the Osteopathic
Medical Practice Act, or the act of December 20, 1985
(P.L.457, No.112), known as the Medical Practice Act of 1985;
or
(2) performed on a minor in labor or who has just given
birth and is performed for medical reasons connected with
that labor or birth by a physician or in the presence of a
physician by a person in training to become a physician in
accordance with the Osteopathic Medical Practice Act or the
Medical Practice Act of 1985.
(d) Custom or consent not a defense.--It shall not be a
defense to a prosecution under this section that:
(1) the actor believed that the procedure was necessary
or appropriate as a matter of custom, ritual or standard
practice; or
(2) the minor upon whom the circumcision, excision or
infibulation was performed consented to the procedure or that
the minor's parent consented to the procedure.
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(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Minor." A natural person who is a female under 18 years of
age.
"Parent." The term includes a natural parent, stepparent,
adoptive parent, guardian or custodian of the minor.
Section 2. This act shall take effect in 60 days.
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