Difference between revisions of "US laws against FGM"
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Revision as of 12:42, 24 August 2021
US laws agaist FGM {Female Genital Mutilation) vary widely.
Federal law
The federal law against FGM, 18 U.S. Code § 116, has been ruled unconstitutional by a federal judge in Michigan, because Congress, in passing the law, exceeded its authority to legislate granted by the Constitution. U.S. District Judge Bernard Friedman ruled that Congress had no authority to enact a law that criminalizes female genital mutilation (FGM).[1]
State laws
Some states have not legislated against FGM. Among states that have legislated, the law varies widely.
| 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 [2] | Cal. Pen. Code § 273a, 273.4 Passed in 1996; Effective 1/1/1997 | x | x | x | Imprisonment 1 - 6 years | ||
| Colorado [3] | 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 [4] | 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 [5] | 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
- ↑
(21 November 2018)."Law banning female genital mutilation ruled unconstitutional; Michigan doctors cleared of charges", Fox News. Retrieved 21 June 2020.
- ↑ California: enhanced penalty for FGM under “Abandonment and Neglect of Children” (Penal Code).
- ↑ Colorado: within child abuse law, and one of few states where doctor-patient and husband-wife privileges are inapplicable in prosecutions for FGM.
- ↑ Georgia: One of few states where husband-wife and other statutory privileges are inapplicable in prosecutions for FGM.
- ↑ Rhode Island: within assault statute
