Sponsors: Sens. Henry, McBride, Adams, Blevins, Cook, Marshall, McDowell, Sokola, Venables, Voshell, Bonini, Connor, and Sorenson; Reps. Banning, Brady, Bunting, B. Ennis, Jonkiert, Schroeder, Scott, Williams, Boulden, Capano, Cloutier, Di Pinto, Ewing, L
ee Maier, Maroney, Plant, Reynolds, Ulbrich, Wagner and West.
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FEMALE GENITAL MUTILATION
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE.
Section 1. Amend Chapter 5, Subchapter V, Title 11 of the Delaware
Code by adding a new 1113 as follows:
1113 Female Genital Mutilation.
(a) A person is guilty of female genital mutilation when:
- (1) A person knowingly circumcises, excises, or infibulates the
whole or any part of the labia majora, labia minora, or clitoris of
a female minor, or
- (2) A parent, guardian or other person legally responsible or charged
with the care or custody of a female minor allows the circumcision,
excision or infibulation, in whole or in part, of such minor’s
labia majora, labia minora, or clitoris.
(b) Female genital mutilation is a class E felony.
(c) It is not a defense to a violation that the conduct described
in (a) above is required as a matter of custom ritual or standard practice,
or that the minor on whom it is performed or the minor's parent or legal
guardian consented in the procedure.
(d) A surgical procedure is not a violation of this section if the procedure
- (1) Necessary to the health of the minor on whom it is performed
and is performed by a licensed physician under 1720 of Title 24 or
a physician-in-training under the supervision of a licensed physician,
- (2) Performed on a minor who is in labor or who has just given birth
and is performed for medical purposes connected with that labor or
birth by a licensed physician under 1720 of Title 24 or a physician-in-training
under the supervision of a license d physician, or a licensed midwife
under 3336 of Title 18.