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A lot of states have laws regulating a wide variety of procedures, and one of the biggest examples is female genital mutilation. This is typically abbreviated FGM, a procedure where female genitals are deliberately changed, injured, or cut. Furthermore, with female genital mutilation, there is typically no medical reason for the procedure. In some situations, it can be called female circumcision, but the terms are used interchangeably. This procedure is widely regulated, and it is typically seen as inhumane. Therefore, most states have laws against this practice, which is no longer widespread.
There are lots of reasons why this procedure is no longer considered okay. First, it strips the woman of any body autonomy she might have. It is virtually unheard of for a woman to get this procedure done willingly, so it has to be forced upon her by somebody else. Furthermore, it can hurt to use the bathroom or have sexual intercourse. As a result, it can lead to significant quality of life concerns. Because of this, most states have introduced laws against this practice. It is entirely possible that more laws could be introduced down the road.
Congress passed a bill in 1996 to make female genital mutilation illegal. However, in 2019 a federal judge declared the bill unconstitutional. He said that Congress did not have the power to make this type of law and should be left to the states.
Before the law was overturned, 27 states had laws prohibiting female genital mutilation. By the end of 2019, female genital mutilation was explicitly banned by 35 states. As of May 2023, only Alabama, Mississippi, Nebraska, Alaska, Hawaii, Montana, Washington, Maine, Connecticut, and New Mexico have not banned FGM. The District of Columbia also has no anti-FGM legislation.
Even though a state might not have a specific law on the books against this procedure, it is possible for someone who forces a woman to have the procedure done to be prosecuted under a separate law. The exact nature of the prosecution will vary from state to state.
Several signs could indicate that someone has been exposed to this practice. For example, individuals might have difficulty sitting, standing, or walking. There are also situations where women who have had this procedure done might spend a long time in the bathroom because it takes them longer to use it. It is not unusual for women who have had this procedure to feel depressed, anxious, or withdrawn. There are also a lot of situations where women who have had this procedure done might be reluctant to go to the doctor because they do not want to answer questions about it. Typically, women do not have this procedure done willingly, which can be seen as a sign of abuse.
State | Legality | Only Appliesto Minors Under18 Unless Otherwise Specified | Parent Guardianand Circumciser Subject Prosecution | Vacation Provision Banning Travel Outside The State for FGM | Cultural Ritual Reason And Or Consent Not A Defense | Provisions For Community Education And Outreach | Sentence | Notes |
---|---|---|---|---|---|---|---|---|
Alabama | No anti-FGM legislation | No | No | No | No | No | ||
Alaska | No anti-FGM legislation | No | No | No | No | No | ||
Arizona | Illegal | Yes | No | Yes | No | No | Imprisonment 5.25 – 35 years and fine of not less than $25,000 | |
Arkansas | Illegal | Yes | Yes | Yes | Yes | Yes | Imprisonment 3-10 years | |
California | Illegal | Yes | Yes | No | No | Yes | Imprisonment 1 – 6 years | |
Colorado | Illegal | Under 16 | Yes | No | Yes | Yes | Imprisonment minimum 4 years | |
Connecticut | No anti-FGM legislation | No | No | No | No | No | ||
Delaware | Illegal | Yes | Yes | No | Yes | No | Imprisonment up to 5 years | |
District of Columbia | No anti-FGM legislation | No | Yes | Yes | Yes | Yes | Imprisonment up to 10 years or a fine up to $25,000 | Proposed Legislation Only |
Florida | Illegal | Yes | Yes | Yes | Yes | No | Imprisonment up to 15 years and/or fine up to $10,000 | |
Georgia | Illegal | Yes | Yes | Yes | Yes | No | Imprisonment 5 – 20 years | |
Hawaii | No anti-FGM legislation | No | Yes | Yes | Yes | Yes | Imprisonment for an indeterminate term | Proposed Legislation Only |
Idaho | Illegal | Yes | No | No | Yes | No | Imprisonment up to life | |
Illinois | Illegal | No | Yes | No | Yes | No | Imprisonment 4 – 30 years and a fine up to $25,000 | |
Indiana | Illegal | Yes | Yes | Yes | Yes | Yes | Imprisonment 3-16 years and a fine up to $10,000 | |
Iowa | Illegal | Yes | No | Yes | Yes | Yes | Imprisonment for up to 5 years and fine of $750-$7,500 | |
Kansas | Illegal | Yes | Yes | Yes | Yes | No | Imprisonment 89-100 months | |
Kentucky | Illegal | Yes | Yes | Yes | Yes | Yes | Imprisonment 10-20 years | |
Louisiana | Illegal | Yes | Yes | Yes | Yes | Yes | Imprisonment up to 15 years | |
Maine | No anti-FGM legislation | No | No | No | No | No | ||
Maryland | Illegal | Yes | Yes | No | Yes | No | Imprisonment up to 5 years and/or fine up to $5,000 | |
Massachusetts | Illegal | Yes | No | Yes | Yes | Yes | Imprisonment 2.5-10 years and fine up to $10,000 | |
Michigan | Illegal | Yes | Yes | Yes | Yes | Yes | Imprisonment up to 15 years | |
Minnesota | Illegal | No | No | No | Yes | Yes | Imprisonment up to 5 years and/or fine up to $10,000 | |
Mississippi | No anti-FGM legislation | No | No | No | No | No | ||
Missouri | Illegal | Under 17 | Yes | No | Yes | No | Imprisonment 5 – 15 years | |
Montana | No anti-FGM legislation | No | No | No | No | No | ||
Nebraska | No anti-FGM legislation | No | No | No | No | No | ||
Nevada | Illegal | Yes | Yes | Yes | Yes | No | Imprisonment 2 – 10 years and/or fine up to $10,000 | |
New Hampshire | Illegal | Yes | Yes | Yes | Yes | No | Imprisonment up to 7 years | |
New Jersey | Illegal | Yes | Yes | Yes | Yes | No | Imprisonment 3 – 5 years | |
New Mexico | No anti-FGM legislation | No | No | No | No | No | ||
New York | Illegal | Yes | Yes | No | Yes | Yes | Imprisonment up to 4 years | |
North Carolina | Illegal | Yes | Yes | Yes | Yes | No | Imprisonment up to 15 -16 years | |
North Dakota | Illegal | Yes | Yes | No | Yes | No | Imprisonment up to 5 years and /or fine up to $10,000 | |
Ohio | Illegal | Yes | No | Yes | Yes | No | Imprisonment 2-8 years and/or a fine up to $15,000, and an additional fine up to $25,000 | |
Oklahoma | Illegal | No | No | No | Yes | No | Imprisonment 3 years to life and /or fine up to $20,000 | |
Oregon | Illegal | Yes | Yes | No | Yes | Yes | Imprisonment up to 10 years | |
Pennsylvania | Illegal | Yes | Yes | Yes | Yes | No | Imprisonment for more than 10 years | |
Rhode Island | Illegal | No | No | No | No | No | Imprisonment for more than 10 years | |
South Carolina | Illegal | Yes | Yes | Yes | Yes | No | Imprisonment up to 20 years and/or fine up to $20,000 | |
South Dakota | Illegal | Yes | Yes | Yes | Yes | No | Imprisonment up to 10 years and fine up to $20,000 | |
Tennessee | Illegal | No | Yes | No | Yes | No | Imprisonment 2 – 12 years and /or fine up to $5,000 | |
Texas | Illegal | Yes | Yes | Yes | Yes | No | Imprisonment 6 months-2 years and /or fine up to $10,000 | |
Utah | Illegal | Yes | Yes | Yes | Yes | Yes | Imprisonment up to 5 years and/or fine up to $5,000 | |
Vermont | Illegal | Yes | No | Yes | No | No | Imprisonment up to 5 years and/or fine up to $25,000 | |
Virginia | Illegal | Yes | Yes | Yes | No | Yes | Imprisonment up to life and/or a fine up to $100,000 | |
Washington | No anti-FGM legislation | Yes | Yes | No | Yes | No | Imprisonment up to 10 years and/or fine of $20,000 | Proposed Legislation Only |
West Virginia | Illegal | Yes | Yes | No | Yes | No | Imprisonment 2 – 10 years & fine $1-5,000 | |
Wisconsin | Illegal | Yes | No | No | Yes | No | Imprisonment 6 years and/or fine up to $10,000 | |
Wyoming | Illegal | Yes | Yes | Yes | Yes | Yes | Imprisonment 5-25 years |