§ 116. — Female genital mutilation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC116]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 7--ASSAULT
Sec. 116. Female genital mutilation
(a) Except as provided in subsection (b), whoever knowingly
circumcises, excises, or infibulates the whole or any part of the labia
majora or labia minora or clitoris of another person who has not
attained the age of 18 years shall be fined under this title or
imprisoned not more than 5 years, or both.
(b) A surgical operation is not a violation of this section if the
operation is--
(1) necessary to the health of the person on whom it is
performed, and is performed by a person licensed in the place of its
performance as a medical practitioner; or
(2) performed on a person in labor or who has just given birth
and is performed for medical purposes connected with that labor or
birth by a person licensed in the place it is performed as a medical
practitioner, midwife, or person in training to become such a
practitioner or midwife.
(c) In applying subsection (b)(1), no account shall be taken of the
effect on the person on whom the operation is to be performed of any
belief on the part of that person, or any other person, that the
operation is required as a matter of custom or ritual.
(Added Pub. L. 104-208, div. C, title VI, Sec. 645(b)(1), Sept. 30,
1996, 110 Stat. 3009-709.)
Effective Date
Section 645(c) of div. C of Pub. L. 104-208 provided that: ``The
amendments made by subsection (b) [enacting this section] shall take
effect on the date that is 180 days after the date of the enactment of
this Act [Sept. 30, 1996].''
Congressional Findings
Section 645(a) of div. C of Pub. L. 104-208 provided that: ``The
Congress finds that--
``(1) the practice of female genital mutilation is carried out
by members of certain cultural and religious groups within the
United States;
``(2) the practice of female genital mutilation often results in
the occurrence of physical and psychological health effects that
harm the women involved;
``(3) such mutilation infringes upon the guarantees of rights
secured by Federal and State law, both statutory and constitutional;
``(4) the unique circumstances surrounding the practice of
female genital mutilation place it beyond the ability of any single
State or local jurisdiction to control;
``(5) the practice of female genital mutilation can be
prohibited without abridging the exercise of any rights guaranteed
under the first amendment to the Constitution or under any other
law; and
``(6) Congress has the affirmative power under section 8 of
article I, the necessary and proper clause, section 5 of the
fourteenth Amendment, as well as under the treaty clause, to the
Constitution to enact such legislation.''
