Today's Law As Amended


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AB-798 Female genital mutilation.(2023-2024)



As Amends the Law Today


SEC. 2.SECTION 1.

 Section 273.4 of the Penal Code is amended to read:

273.4.
 (a) If the act constituting a felony violation of subdivision (a) of Section 273a was female genital mutilation, as defined in subdivision (b), the defendant shall be punished by an additional term of imprisonment in the state prison for one year, in addition and consecutive to the punishment prescribed by Section 273a.
(b) “Female genital mutilation” means the excision or infibulation of the labia majora, labia minora, clitoris, or vulva, performed for nonmedical purposes. any procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons. 
(c) Evidence that a person removes or causes, permits, or facilitates the removal of a minor from this state may be used as circumstantial evidence to establish a violation, or an attempt, under this section, Section 273a, 203, 205, or 206, or any other crime arising from the commission of female genital mutilation.
(c) (d)  Nothing in this section shall preclude prosecution under Section 203, 205, or 206 or any other provision of law.
(e) It is not a defense to this section, Section 273a, 203, 205, or 206, or any other crime arising from the commission of female genital mutilation that the conduct is required as a matter of religion, custom, ritual, or standard practice, or that the minor on whom it is performed, or the minor’s parent or guardian, consented to the procedure.

SEC. 2.

 Section 11165.16 is added to the Penal Code, to read:

11165.16.
 For purposes of this article, female genital mutilation is child abuse pursuant to Section 273.4. For the purposes of this section, “female genital mutilation” means any procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons. It is not a defense to female genital mutilation that the conduct is required as a matter of religion, custom, ritual, or standard practice, or that the minor on whom it is performed, or the minor’s parent or guardian, consented to the procedure.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.