Senate Bill No. 1438 aims to prohibit female genital mutilation (FGM) on minors, categorizing 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 individuals 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 while deleting previous provisions that may have allowed for such practices under certain circumstances. The potential fiscal impact includes costs to the Department of Correction and the Judicial Department for managing offenders, as well as potential revenue gains from fines imposed on those convicted of FGM. The bill reflects a commitment to protecting minors from harmful practices and aligns with existing federal laws that also criminalize FGM under specific conditions.