US laws against FGM

From IntactiWiki
Jump to navigation Jump to search

Construction Site

This article is work in progress and not yet part of the free encyclopedia IntactiWiki.

US Laws Against FGM - State by State
State Applicable law Only applies to minors (under 18 unless otherwise specified) Parent/ Guardian and circumciser subject to prosecution “Vacation provision” banning travel outside the state for FGM Cultural/ ritual reason and/or consent not a defense Provisions for community education and outreach Sentence
Alabama [PROPOSED LEGISLATION: HB421] Under 19 x x x Imprisonment 2 - 20 years and/or fine up to $30,000
Arizona A.R.S § 12-513, 13-705, 13-1214, 13-3620 Effective 4/24/2014 x x Imprisonment 5.25 - 35 years and fine of not less than $25,000
Arkansas A.C.A. § 5-14-135, 12-18-103, 16-118-116, 17-80-121, 20-82-101, 20-82-102 Effective Mar. 26, 2019 x x x x x Imprisonment 3-10 years
California [1] Cal. Pen. Code § 273a, 273.4 Passed in 1996; Effective 1/1/1997 x x x Imprisonment 1 - 6 years
Colorado [2] Col. Rev. Stat. § 18-6-401 Effective 5/24/1999 Under 16 x x x Imprisonment minimum 4 years
Connecticut [PROPOSED LEGISLATION: H.B. 5142, S.B. 505 ] x Imprisonment up to 5 years and fine up to $5,000
Delaware Del. Code Tit. 11, § 780 Effective 7/3/1996 x x x Imprisonment up to 5 years
Florida Fla. Stat. § 794.08 Effective 10/1/2018 x x x x Imprisonment up to 15 years and/or fine up to $10,000
Georgia [3] O.C.G.A. § 16-5-27 Effective 7/1/2005 x x x x Imprisonment 5 - 20 years
Hawaii [PROPOSED LEGISLATION: SB 1434, HB 132] x x x x Imprisonment for an indeterminate term
Idaho I.C. §18-1506B, I.C. §19-402, Passed March 21, 2019 Effective Jul. 1, 2019 x x Imprisonment up to life
Illinois PASSED: 720 Ill. Comp. Stat. 5/12-34 Effective 1/1/1998
[PROPOSED LEGISLATION HB3498]
x x Imprisonment 6 - 30 years
Iowa [PROPOSED LEGISLATION:
HF 63, HF 299; HF 534; HSB 115; SF 346]
x x Imprisonment for up to 2 years and fine of $625-$6,250
Kansas K.S.A. § 21-5431 Enacted 4/10/2013 x x x x Imprisonment 89-100 months
Louisiana La. R.S. 14:43.4 Effective 8/1/2012 x x x x Imprisonment up to 15 years
Maryland Md. Code Health-Gen. § 20-601, 602 Effective 4/28/1998 x x x Imprisonment up to 5 years and/or fine up to $5,000
Massachusetts [PROPOSED LEGISLATION S.834, H.1466, H.3332] x x x x Imprisonment 2.5-10 years and fine up to $10,000
Michigan MI ST 750.136 Effective 10/9/2017 x x Imprisonment up to 15 years
Minnesota PASSED: Minn. Stat. § 144.3872, 609.2245; Effective 8/1/1995
[PROPOSED LEGISLATION: HF 373]
x x Imprisonment up to 5 years and/or fine up to $10,000
Missouri Mo. Rev. Stat. § 568.065 Passed 7/13/2000; Effective 1/1/2017 Under 17 x x Imprisonment 5 - 15 years
Nevada Nev. Rev. Stat. § 200.5083 Effective 6/26/1997 x x x x Imprisonment 2 - 10 years and/or fine up to $10,000
New Hampshire N.H. Rev. Stat. § 632-A:10-d Effective Jan. 1, 2019 x x x x Imprisonment up to 7 years
New Jersey N.J. Stat. § 2C:24- 10 Effective 1/17/2014 x x x x Imprisonment 3 - 5 years
New York N.Y. Penal Law § 130.85 Effective 11/1/1997; N.Y. Public Health Law § 207(k) Effective 11/20/2015 x x x x Imprisonment up to 4 years
North Carolina [PROPOSED LEGISLATION SB9] x x x x Imprisonmnet up to 15.16 years
North Dakota N.D. Cent. Code § 12.1-36-01 Effective 8/1/1995, Amended 4/5/2019. x x x Imprisonment up to 5 years and /or fine up to $10,000
Ohio OH ST § 2903.32, 2929.14, 2929.18 x x Imprisonment 2-8 years and/or a fine up to $15,000, and an additional fine up to $25,000
Oklahoma 21 Okl. St. § 760 Effective 11/1/2009 x Imprisonment 3 years to life and /or fine up to $20,000
Oregon Or. Rev. Stat. § 163.207 Effective 7/15/1999 x x x Imprisonment up to 10 years
Pennsylvania [PROPOSED LEGISLATION HB315] x x x x Imprisonment for more than 10 years
Rhode Island [4] R.I. Gen. Laws § 11-5-2 Effective 7/3/1996 Imprisonment up to 20 years
South Carolina [PROPOSED LEGISLATION H 3973] x x x x Imprisonment up to 20 years and/or fine up to $20,000
South Dakota S.D.C.L. §§ 22-18- 37, 22-18-38, 22- 18-39 Effective 3/10/2015 x x x x Imprisonment up to 10 years and fine up to $20,000
Tennessee PASSED:Tenn. Code § 39-13-110 Effective 7/1/1996, as amended, Effective 7/1/2019 x x Imprisonment 2 - 12 years and /or fine up to $5,000
Texas Tex. Health & Safety Code § 167.001 Effective 9/1/2017 x x x x Imprisonment 6 months-2 years and /or fine up to $10,000
Utah U.C.A. 1953 § 76-5-701, 76-5-702, 76-5-703, 76-5-704 Passed Mar. 22, 2019 x x x x x Imprisonment up to 5 years and/or fine up to $5,000
Vermont [PROPOSED LEGISLATION: H.83] x x Imprisonment up to 5 years and/or fine up to $25,000
Virginia Va. Code §§ 8.01- 42.5, 18.2-51.7 Effective July 1, 2018. Va. Code § 22.1-207.1:1, Passed Feb. 22, 2019 x x x x Imprisonment up to life and/or a fine up to $100,000
Washington [PROPOSED LEGISLATION HB 2000] x x x Imprisonment up to 10 years and/or fine of $20,000
West Virginia W. Va. Code § 61-8D-3A Passed 2/23/1999; Effective 90 days later x x x Imprisonment 2 - 10 years & fine $1-5,000
Wisconsin Wis. Stat. § 146.35 Effective 5/28/1996 x x Imprisonment 6 years and/or fine up to $10,000
Wyoming [PROPOSED LEGISLATION: HB 1160] x x Imprisonment 2-50 years and/or fine up to $10,000

External links

References

  1. California: enhanced penalty for FGM under “Abandonment and Neglect of Children” (Penal Code).
  2. Colorado: within child abuse law, and one of few states where doctor-patient and husband-wife privileges are inapplicable in prosecutions for FGM.
  3. Georgia: One of few states where husband-wife and other statutory privileges are inapplicable in prosecutions for FGM.
  4. Rhode Island: within assault statute