(1) As used in this section, the term “female genital mutilation” means the circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of a female person.
(2) A person who knowingly commits, or attempts to commit, female genital mutilation upon a female person younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who knowingly removes, or causes or permits the removal of, a female person younger than 18 years of age from this state for purposes of committing female genital mutilation commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person who is a parent, a guardian, or in a position of familial or custodial authority to a female person younger than 18 years of age and who knowingly consents to or permits the female genital mutilation of that female person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) This section does not apply to procedures performed by or under the direction of a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a registered nurse licensed under part I of chapter 464, a practical nurse licensed under part I of chapter 464, an advanced practice registered nurse licensed under part I of chapter 464, a midwife licensed under chapter 467, or a physician assistant licensed under chapter 458 or chapter 459 when necessary to preserve the physical health of a female person. This section also does not apply to any autopsy or limited dissection conducted pursuant to chapter 406.
(6) Consent of a female person younger than 18 years of age or the consent of a parent, guardian, or person who is in a position of familial or custodial authority to the female person younger than 18 years of age is not a defense to the offense of female genital mutilation.
History.—s. 1, ch. 2007-245; s. 82, ch. 2018-106.
Structure Florida Statutes
794.005 - Legislative Findings and Intent as to Basic Charge of Sexual Battery.
794.0115 - Dangerous Sexual Felony Offender; Mandatory Sentencing.
794.02 - Common-Law Presumption Relating to Age Abolished.
794.021 - Ignorance or Belief as to Victim’s Age No Defense.
794.023 - Sexual Battery by Multiple Perpetrators; Reclassification of Offenses.
794.024 - Unlawful to Disclose Identifying Information.
794.026 - Civil Right of Action for Communicating the Identity of a Sexual Crime Victim.
794.027 - Duty to Report Sexual Battery; Penalties.
794.03 - Unlawful to Publish or Broadcast Information Identifying Sexual Offense Victim.
794.05 - Unlawful Sexual Activity With Certain Minors.
794.051 - Indecent, Lewd, or Lascivious Touching of Certain Minors.
794.052 - Sexual Battery; Notification of Victim’s Rights and Services.
794.055 - Access to Services for Victims of Sexual Battery.
794.056 - Rape Crisis Program Trust Fund.
794.075 - Sexual Predators; Erectile Dysfunction Drugs.