§ 5-14-136 — Unlawful female genital mutilation of a minor

Arkansas § 5-14-136

• Jurisdiction: Arkansas
• Title: 5

Text

(a) As used in this section, "female genital mutilation" means a procedure that involves the partial or total removal of the external female genitalia or any procedure harmful to the female genitalia, including without limitation: (1) A clitoridectomy; (2) The partial or total removal of the clitoris or the prepuce; (3) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora; (4) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris; (5) Pricking, piercing, incising, scraping, or cauterizing the genital area; or (6) Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason. (b) A person commits the offense of unlawful female genital mutilation of a minor if he or she: (1) Knowingly performs female genital mutilation on a minor; (2) Is a parent or guardian or has immediate custody or control of a minor and knowingly consents to, permits, or facilitates female genital mutilation of the minor; or (3) Knowingly removes or causes, permits, or facilitates the removal of a minor from this state for the purpose of facilitating the female genital mutilation of the minor. (c) Unlawful female genital mutilation of a minor is a Class C felony. (d) It is not a defense under this section that: (1) The unlawful conduct is required as a matter of religion, custom, ritual, or standard practice; or (2) The minor's parent or guardian consented to the female genital mutilation. (e) It is not a violation of this section if the acts or conduct that otherwise would be considered female genital mutilation occurred in the furtherance of a surgical or other lawful medical procedure, performed by a licensed medical professional, and: (1) Was necessary to preserve or protect the physical health of the minor upon whom the surgical or other lawful medical procedure was performed; or (2) Was part of a sex reassignment procedure as requested by the minor who was the patient in the sex reassignment procedure. (f) The statute of limitation for an offense under this section does not begin to run until the victim of the offense reaches eighteen (18) years of age or when the violation of this section is first reported to a law enforcement agency, whichever occurs first.

Legislative History

Added by Act 2019, No. 556,§ 1, eff. 3/26/2019.