Senate Bill No. 1438 aims to prohibit female genital mutilation (FGM) on minors, establishing it as a class D felony, which carries a penalty of up to five years in prison, a fine of up to $5,000, or both. The bill defines FGM as the act of knowingly circumcising, excising, or infibulating any part of the labia majora, labia minora, or clitoris of a person under the age of 18. However, it provides exceptions for surgical operations deemed necessary for the health of the individual, performed by licensed physicians, or for medical purposes related to labor or childbirth by licensed professionals. Notably, the bill specifies that operations cannot be justified as necessary for health or medical purposes if they are based on beliefs tied to custom or ritual.
The bill will take effect on October 1, 2025, and introduces new legal language that clarifies the definitions and exceptions related to FGM. It also includes provisions that outline the potential fiscal impact on the state, including costs associated with incarceration or probation for offenders, as well as potential revenue gains from fines imposed. The bill received unanimous support from the Judiciary Committee, reflecting a strong legislative commitment to protecting minors from harmful practices.