SF 2525

as introduced - 90th Legislature (2017 - 2018) Posted on 04/16/2018 04:00pm

A bill for an act
relating to public safety; expanding the female genital mutilation crime to include
certain acts committed by parents and caretakers; expanding female genital
mutilation education and outreach requirements; amending Minnesota Statutes
2016, sections 144.3872; 609.2245, subdivision 1, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 144.3872, is amended to read:

144.3872 FEMALE GENITAL MUTILATION; EDUCATION AND OUTREACH.

The commissioner of health shall carry out appropriate education, prevention, and
outreach activities in communities that traditionally practice female circumcision, excision,
or infibulation to inform people in those communities about the health risks and emotional
trauma inflicted by those practices and to inform them and the medical community of the
criminal penalties contained in section 609.2245 new text begin and that a child protection petition may
be brought on behalf of a child or a child may be taken into protective custody new text end . The
commissioner shall work with culturally appropriate groups to obtain private funds to help
finance these prevention and outreach activities.

Sec. 2.

Minnesota Statutes 2016, section 609.2245, subdivision 1, is amended to read:

Subdivision 1.

Crime.

new text begin (a) new text end Except as otherwise permitted in subdivision 2, new text begin the following
individuals are guilty of a crime and may be sentenced as provided in subdivision 1a:
new text end

new text begin (1) new text end whoever knowingly circumcises, excises, new text begin incises, new text end or infibulates, in whole or in part,
the labia majora, labia minora, or clitoris of another deleted text begin is guilty of a felony. deleted text end new text begin ; or
new text end

new text begin (2) a parent, legal guardian, or caretaker of a minor who knowingly participates in or
facilitates, by the commission of some overt act, including an indirect one, the process in
which a minor's labia majora, labia minora, or clitoris, in whole or in part, is circumcised,
excised, incised, or infibulated.
new text end

new text begin (b) new text end Consent to the procedure by a minor on whom it is performed or by the minor's
parent is not a defense to a violation of this subdivision.

new text begin (c) A person may be convicted of a violation of paragraph (a), clause (2), even if the
described act against the minor is committed in another state, if at least one overt act occurs
in Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 609.2245, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Penalties. new text end

new text begin A person convicted of violating subdivision 1, paragraph (a), clause
(1), is guilty of a felony and may be sentenced to imprisonment for not more than five years
or to payment of a fine of not more than $10,000, or both. A person convicted of violating
subdivision 1, paragraph (a), clause (2), is guilty of a felony and may be sentenced to
imprisonment for not more than one year and one day or to payment of a fine of not more
than $3,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end