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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 13 : Crimes and Criminal Procedure

Chapter 070 : FEMALE GENITAL MUTILATION OR CUTTING PROHIBITED

(Cite as: 13 V.S.A. § 3151)
  • § 3151. Female genital mutilation or cutting prohibited

    (a) Definitions. As used in this section:

    (1) "Health care professional" means an individual, partnership, corporation, facility, or institution licensed or certified or authorized by law to provide professional health care services.

    (2) "Midwife" means a midwife licensed pursuant to 26 V.S.A. chapter 85.

    (b) Female genital mutilation or cutting prohibited. Except as provided in subsection (c) of this section, no person shall:

    (1) Knowingly circumcise, excise, or infibulate the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained 18 years of age.

    (2) Knowingly incise, prick, scrape, or cauterize any part of the labia majora or labia minora or clitoris of another person who has not attained 18 years of age.

    (c) Exceptions. A medical procedure is not a violation of this section if it is:

    (1) necessary to the health of the person on whom it is performed and is performed by a health care professional; 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 health care professional, midwife, or person in training to become a health care professional or midwife.

    (d) Defense. It is not a defense to a charge under this section that the person on whom the procedure is performed, or any other person, believes that the procedure is required as a matter of custom or ritual or that the person on whom the procedure is performed, or that person's parent or guardian, consented to the procedure.

    (e) Transportation prohibited. A person shall not knowingly transport a person into or out of this State for the purpose of conduct that would be a violation of this section.

    (f) Penalty. A person who violates subdivision (b)(2) of this section shall be imprisoned not more than two years or fined not more than $500.00, or both. A person who violates subdivision (b)(1) or subsection (e) of this section shall be imprisoned not more than 10 years or fined not more than $20,000.00, or both. (Added 2019, No. 87 (Adj. Sess.), § 2, eff. Feb. 27, 2020.)