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Indiana Code Title 35. Criminal Law and Procedure § 35-42-2-10

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 10. (a) As used in this section, “female genital mutilation” means any procedure that involves the partial or total removal of the external female genitalia, or any harmful procedure to the female genitalia, including the following:

(1) Clitoridectomy.

(2) Partial or total removal of the clitoris or the prepuce.

(3) Excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora.

(4) 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, incising, or scraping, and cauterizing the genital area.

(6) Any other procedure intended to alter the structure or function of the female genitalia for nonmedical reasons.

(b) A person who:

(1) knowingly or intentionally performs the act of female genital mutilation on a child who is less than eighteen (18) years of age;

(2) is a parent, guardian, or custodian of the child and consents to, permits, or facilitates an act described in subdivision (1) to be performed on the child;  or

(3) knowingly transports or facilitates the transportation of the child for the purpose of having an act described in subdivision (1) performed on the child;

commits the offense of female genital mutilation, a Level 3 felony.

(c) It is a defense to a prosecution described in this section that:

(1) the person performing the act is a physician (as defined in IC 16-18-2-282) or a licensed health care professional (as defined in IC 16-18-2-162) and the act is within the scope of the person's license and official duties;  or

(2) the act is performed for medical purposes to preserve or protect the physical health of the child.

(d) It is not a defense to a prosecution described in this section that:

(1) the child or the child's parent, guardian, or custodian consented to the act described in subsection (b);  or

(2) the act described in subsection (b) is:

(A) required by custom or is standard practice of a particular group;  or

(B) performed in connection with a religious ritual.

(e) In addition to any criminal and civil penalties, a violation under this section shall result in the permanent revocation of the license of the physician or licensed health care professional.

(f) A person who has reason to believe that a child may be a victim of female genital mutilation shall immediately make a report as required under IC 31-33-5.

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-42-2-10 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-42-2-10/

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