568.065. Genital mutilation of a female child, penalty--affirmative defenses. - Missouri Statutes

Genital mutilation of a female child, penalty--affirmative defenses.

568.065. 1. A person commits the crime of genital mutilation if suchperson:

(1) Excises or infibulates, in whole or in part, the labia majora,labia minora, vulva or clitoris of a female child less than seventeen yearsof age; or

(2) Is a parent, guardian or other person legally responsible for afemale child less than seventeen years of age and permits the excision orinfibulation, in whole or in part, of the labia majora, labia minora, vulvaor clitoris of such female child.

2. Genital mutilation is a class B felony.

3. Belief that the conduct described in subsection 1 of this sectionis required as a matter of custom, ritual or standard practice, or consentto the conduct by the child on whom it is performed or by the child'sparent or legal guardian, shall not be an affirmative defense to a chargepursuant to this section.

4. It is an affirmative defense that the defendant engaged in theconduct charged which constitutes genital mutilation if the conduct was:

(1) Necessary to preserve the health of the child on whom it isperformed and is performed by a person licensed to practice medicine inthis state; or

(2) Performed on a child who is in labor or who has just given birthand is performed for medical purposes connected with such labor or birth bya person licensed to practice medicine in this state.

(L. 2000 S.B. 757 & 602)

CROSS REFERENCE:

Child molestation, first and second degree, RSMo 566.067, 566.068