ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 82
(By Senator Wooton, original sponsor)
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[Passed February 23, 1999;
in effect ninety days from passage.]
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AN ACT to amend article eight-d, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
three-a, relating to criminal child abuse; prohibiting the
practice of female genital mutilation; and penalties.
Be it enacted by the Legislature of West Virginia:
That article eight-d, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three-a, to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-3a. Female genital mutilation; penalties; definitions.
(a) Except as otherwise provided in subsection (b) of this
section, any person who circumcises, excises or infibulates, in
whole or in part, the labia majora, labia minora or clitoris of a female under the age of eighteen, or any parent, guardian or
custodian of a female under the age of eighteen who allows the
circumcision, excision or infibulation, in whole or in part, of
such female's labia majora, labia minora or clitoris, shall be
guilty of a felony and, upon conviction thereof, shall be
imprisoned in a state correctional facility for not less than two
nor more than ten years and fined not less than one thousand
dollars nor more than five thousand dollars.
(b) A surgical procedure is not a violation of this section
if the procedure:
(1) Is necessary to preserve the health of the child on whom
it is performed and is performed by a licensed medical
professional authorized to practice medicine in this state; or
(2) The procedure is performed on a child who is in labor or
has just given birth and is performed for legitimate medical
purposes connected with that labor or birth by a licensed medical
professional authorized to practice medicine in this state.
(c) Belief that the conduct described in subsection (a) of
this section is required as a matter of custom, ritual, standard
practice or consent to the procedure by the child on whom it is performed or by the child's parent, guardian or custodian shall
not be a defense.
SB82 H JUD AM 2/15 #1
On page two, section three-a, line one, by striking out subsection (a) in its entirety and inserting in lieu thereof the
following:
"(a) Except as otherwise provided in subsection (b) of this
section, any person who circumcises, excises or infibulates, in
whole or in part, the labia majora, labia minora or clitoris of
a female under the age of eighteen, or any parent, guardian or
custodian of a female under the age of eighteen who allows the
circumcision, excision or infibulation, in whole or in part, of
such female's labia majora, labia minora or clitoris, shall be
guilty of a felony and, upon conviction thereof, shall be
imprisoned in a state correctional facility for not less than two
nor more than ten years and fined not less than one thousand
dollars nor more than five thousand dollars."
And,
On page three, section three-a, line twenty-five, by
striking out subsection (c) in its entirety and inserting in lieu
thereof the following:
"(c) A person's belief that the conduct described in
subsection (a) of this section (i) is required as a matter of custom, ritual or standard practice or (ii) was consented to by
the female on which the circumcision, excision or infibulation
was performed shall not constitute a defense to criminal
prosecution under subsection (a) of this section."