14-28.1. Female genital mutilation of a child.
(a) Legislative Intent. - The General Assembly finds that female genital mutilation is a crime that causes a long-lasting impact on the victim's quality of life and has been recognized internationally as a violation of the human rights of girls and women. The practice is mostly carried out on girls under the age of 15 years old. The General Assembly also recognizes that the practice includes any procedure that intentionally alters or injures the female genital organs for nonmedical reasons. These procedures can cause severe pain, excessive bleeding, urinary problems, and death. Therefore, the General Assembly enacts this law to protect these vulnerable victims.
(b) Mutilation. - A person who knowingly and unlawfully circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a child less than 18 years of age is guilty of a Class C felony.
(c) Consent to Mutilation. - A parent, or a person providing care to or supervision of a child less than 18 years of age, who consents to or permits the unlawful circumcision, excision, or infibulation, in whole or in any part, of the labia majora, labia minora, or clitoris of the child, is guilty of a Class C felony.
(d) Removal for Mutilation. - A parent, or a person providing care to or supervision of a child less than 18 years of age, who knowingly removes or permits the removal of the child from the State for the purpose of having the child's labia majora, labia minora, or clitoris circumcised, excised, or infibulated, is guilty of a Class C felony.
(e) Exceptions. - A surgical operation is not a violation of this section if the operation meets either of the following requirements:
(1) The operation is necessary to the health of the person on whom it is performed and is performed by a person licensed in the State as a medical practitioner.
(2) The operation is performed on a person in labor who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in this State as a medical practitioner or certified nurse midwife, or a person in training to become licensed as a medical practitioner or certified nurse midwife.
(f) No Defense. - It is not a defense to prosecution under this section that the person on whom the circumcision, excision, or infibulation is performed, or any other person, believes that the circumcision, excision, or infibulation is required as a matter of custom or ritual, or that the person on whom the circumcision, excision, or infibulation is performed consented to the circumcision, excision, or infibulation. (2019-183, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 14-28 - Malicious castration.
§ 14-28.1 - Female genital mutilation of a child.
§ 14-29 - Castration or other maiming without malice aforethought.
§ 14-30.1 - Malicious throwing of corrosive acid or alkali.
§ 14-31 - Maliciously assaulting in a secret manner.
§ 14-32.1 - Assaults on individuals with a disability; punishments.
§ 14-32.2 - Patient abuse and neglect; punishments; definitions.
§ 14-32.3 - Domestic abuse, neglect, and exploitation of disabled or elder adults.
§ 14-32.4 - Assault inflicting serious bodily injury; strangulation; penalties.
§ 14-33 - Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.
§ 14-33.1 - Evidence of former threats upon plea of self-defense.
§ 14-33.2 - Habitual misdemeanor assault.
§ 14-34 - Assaulting by pointing gun.
§ 14-34.1 - Discharging certain barreled weapons or a firearm into occupied property.
§ 14-34.3 - Manufacture, sale, purchase, or possession of teflon-coated types of bullets prohibited.
§ 14-34.8 - Criminal use of laser device.
§ 14-34.9 - Discharging a firearm from within an enclosure.
§ 14-34.10 - Discharge firearm within enclosure to incite fear.