COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 73
(By Senators Wooton, Walker, White, Chafin, Boley, Minear,
Buckalew, Jackson, Hunter, Sprouse, Ross, Bowman, Anderson, Ball,
Kimble, Plymale, Dittmar and Schoonover)
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[Originating in the Committee on the Judiciary;
reported March 3, 1997.]
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A BILL to amend article eight-d, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
three-a, relating to criminal child abuse; prohibiting the
practice of female genital mutilation; and penalties.
Be it enacted by the Legislature of West Virginia:
That article eight-d, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three-a, to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-3a. Female genital mutilation; penalties; definitions.
(a) Except as otherwise provided in subsection (b) of this section, a person commits child abuse if such person circumcises,
excises or infibulates, in whole or in part, the labia majora,
labia minora or clitoris of a female under the age of eighteen or
if a parent, guardian or custodian of a female under the age of
eighteen allows the circumcision, excision or infibulation, in
whole or in part, of such child's labia majora, labia minora or
clitora. Any person who commits a violation of this section
shall be guilty of a felony, and upon conviction thereof, shall
be imprisoned in a state correctional facility for not less than
two nor more than ten years and fined not less than one thousand
dollars nor more than five thousand dollars.
(b) A surgical procedure is not a violation of this section
if the procedure:
(1) Is necessary to preserve the health of the child on whom
it is performed and is performed by a licensed medical
professional authorized to practice medicine in this state; or
(2) The procedure is performed on a child who is in labor or
has just given birth and is performed for legitimate medical
purposes connected with that labor or birth by a licensed medical
professional authorized to practice medicine in this state.
(c) Belief that the conduct described in subsection (a) of
this section is required as a matter of custom, ritual, standard
practice or consent to the procedure by the child on whom it is
performed or by the child's parent, guardian or custodian shall not be a defense.
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(NOTE: The purpose of this bill is to criminalize the
practice of female genital mutilation in any form.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)