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Below is the complete text of the current
U.S. federal
law enacted on September 30, 1996, that prohibits
female genital mutilation (FGM) of minors, also known as
female circumcision. The criminalization subsection took
effect 180 days after the date of enactment, so March
30, 1997, is the generally recognized effective date.
Title 18 –
Crimes and Criminal Procedure
Part I -
Crimes
Chapter 7 -
Assault
Section 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.''
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