Section 3132 - Female mutilation(a) Offense defined.--A person commits the offense of female mutilation if the person: (1) knowingly circumcises, excises or infibulates the whole or any part of the genitalia of a minor;(2) is a parent of a minor and the parent knowingly consents or permits the circumcision, excision or infibulation of the whole or any part of the minor's genitalia; or(3) knowingly removes or permits the removal of a minor from this Commonwealth for the purpose of circumcising, excising or infibulating, in whole or in part, the genitalia of the minor.(b)Grading.--Female mutilation is a felony of the first degree.(c) Exception.--The provisions of subsection (a) shall not apply if the circumcision, excision or infibulation is: (1) necessary to the health of the minor on whom it is performed and either is performed by a physician or is performed in the presence of a physician by a person in training to become a physician in accordance with the act of October 5, 1978 ( P.L. 1109, No.261), known as the Osteopathic Medical Practice Act, or the act of December 20, 1985 ( P.L. 457, No.112), known as the Medical Practice Act of 1985; or(2) performed on a minor in labor or who has just given birth and is performed for medical reasons connected with that labor or birth by a physician or in the presence of a physician by a person in training to become a physician in accordance with the Osteopathic Medical Practice Act or the Medical Practice Act of 1985.(d)Custom or consent not a defense.--It shall not be a defense to a prosecution under this section that: (1) the actor believed that the procedure was necessary or appropriate as a matter of custom, ritual or standard practice; or(2) the minor upon whom the circumcision, excision or infibulation was performed consented to the procedure or that the minor's parent consented to the procedure.(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Minor." A natural person who is a female under 18 years of age.
"Parent." The term includes a natural parent, stepparent, adoptive parent, guardian or custodian of the minor.
Added by P.L. TBD 2019 No. 21, § 1, eff. 8/27/2019.