Difference between revisions of "US laws against FGM"
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(Created page with "{{Construction Site}} {| class="wikitable" |+US Laws Against FGM - State by State !State || Applicable law || Only applies to minors (under 18 unless otherwise specified) ||...") |
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Revision as of 08:46, 20 May 2019
Construction Site
This article is work in progress and not yet part of the free encyclopedia IntactiWiki.
| 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
- ↑ 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