An Act To Prohibit the Practice of Female Genital Mutilation of a Minor
Maine Legislature, Session 128, LD 1904
Committee: Criminal Justice and Public Safety
Amends: 17-A MRSA §214

Legislative Document
No. 1904
S.P. 732
In Senate, April 9, 2018
An Act To Prohibit the Practice of Female Genital Mutilation of a 
Minor
Reported by Senator ROSEN of Hancock for the Joint Standing Committee on Criminal 
Justice and Public Safety pursuant to Joint Order 2017, S.P. 709.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed pursuant to Joint Rule 218.
HEATHER J.R. PRIEST
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §214 is enacted to read:
§214.  Female genital mutilation of a minor; transportation; consent
1.  As used in this section, "female genital mutilation" means the circumcision, 
excision, mutilation or infibulation, in whole or in part, of the labia majora, labia minora 
or clitoris of a female individual.
"Female genital mutilation" does not include a medical procedure that is performed by a 
person licensed pursuant to Title 32, chapter 36 or 48, a midwife licensed pursuant to 
Title 32, chapter 31 or 113-B, subchapter 4 or a person in an approved training program 
under the supervision of a person licensed pursuant to Title 32, chapter 36 or 48 or a 
midwife licensed pursuant to Title 32, chapter 31 or chapter 113-B, subchapter 4, if the 
medical procedure is:
A.  Necessary to the health of the individual on whom the medical procedure is 
performed; or
B.  Performed on an individual in labor or who has just given birth and is performed 
for medical purposes connected with that labor or birth.
2.  A person is guilty of female genital mutilation of a minor if that person performs 
female genital mutilation on a female individual under 18 years of age.  Violation of this 
subsection is a Class A crime.
3.  A person is guilty of transporting an individual for female genital mutilation of a 
minor if that person knowingly transports a female individual under 18 years of age 
outside of this State for the purpose of allowing another person to perform female genital 
mutilation on the female individual under 18 years of age.  Violation of this subsection is 
a Class A crime.
4.  A person is guilty of consenting to female genital mutilation of a minor if that 
person knowingly consents to female genital mutilation of a female individual under 18 
years of age.  Violation of this subsection is a Class A crime.
5.  Notwithstanding section 106, subsection 7, it is not a defense to prosecution under 
this section that the female individual who is under 18 years of age or the parent, 
guardian or person who has immediate custody of the female individual under 18 years of 
age:
A.  Consented to the female genital mutilation; or
B.  Believed that the female genital mutilation was desirable as part of a social norm 
or required as part of custom, religion or ritual.
6.  A violation of this section by a person licensed pursuant to Title 32, chapter 36 or 
or a midwife licensed pursuant to Title 32, chapter 31 or chapter 113-B, subchapter 4 
is grounds for permanent revocation of that person's license.
7.  Notwithstanding section 8, a prosecution for a violation of this section may be 
brought no later than the victim's 25th birthday.
8.  To the extent existing resources are available, the Department of Health and 
Human Services shall develop and institute a community outreach program, referred to in 
this subsection as "the program," to address the crime of female genital mutilation of a 
minor. To the extent existing resources are available, the program may include the 
following components:
A.  Community-based education and outreach services regarding female genital 
mutilation;
B.  Outreach and provision of support services to victims of female genital mutilation 
in the State;
C.  A training program relating to female genital mutilation of a minor for individuals 
required to report suspected abuse or neglect under Title 22, section 4011-A, that 
includes the provision of information regarding the types of female genital cosmetic 
surgery, including labiaplasty, that are considered female genital mutilation of a 
minor when not necessary to the health of the minor;
D.  Distribution of educational materials regarding the health risks and emotional 
trauma inflicted by and relating to the practice of female genital mutilation, including 
information on nationally recognized professional standards relating to when female 
genital cosmetic surgery is considered medically necessary; and
E.  Distribution of educational materials relating to the federal and state prohibition 
on and penalties for female genital mutilation of a minor.
SUMMARY
This bill is reported out by a majority of the Joint Standing Committee on Criminal 
Justice and Public Safety pursuant to Joint Order 2017, S.P. 709.
This bill defines "female genital mutilation" as the circumcision, excision, mutilation 
or infibulation, in whole or in part, of the labia majora, labia minora or clitoris of a female 
individual but excludes from the definition medical procedures that are necessary to the 
health of the female individual or performed for medical purposes on a female individual 
in labor or who has just given birth, as long as the medical procedure was performed by a 
person licensed in the State by the Board of Licensure in Medicine or the Board of 
Osteopathic Licensure or by a licensed midwife or a person in an approved training 
program under the supervision of a physician or midwife licensed in this State.
The bill makes it a Class A crime to perform female genital mutilation on a female 
individual under 18 years of age, to knowingly transport a female individual under 18 
years of age outside of this State for purposes of female genital mutilation or to 
knowingly consent to female genital mutilation of a female individual under 18 years of 
age.  Under the provisions of the bill, it is not a defense that the victim or the parent, 
guardian or person who has immediate custody of the victim consented to the procedure 
or believed that it was desired as part of a social norm or was necessary for custom, 
religion or ritual.
The bill extends the statute of limitations for female genital mutilation offenses to the 
25th birthday of a victim of female genital mutilation.  Commission of a female genital 
mutilation offense by a person licensed by the Board of Licensure in Medicine or the 
Board of Osteopathic Licensure or a midwife licensed in Maine is grounds for permanent 
revocation of the license of that person.
 This bill also requires the Department of Health and Human Services, to the extent 
existing resources are available, to develop and institute a community outreach program 
regarding female genital mutilation that provides support services, training and 
educational materials.
FISCAL NOTE REQUIRED
(See attached)
Approved: 03/28/18
LD 1904     
LR 2988(01)
Correctional and Judicial Impact Statements
Fiscal Detail and Notes
The bill requires the Department of Health and Human Services (DHHS), to the extent existing resources are 
available, to develop and institute a community outreach program regarding female genital mutilation that provides 
support services, training and educational materials. If DHHS determines that resources are available for the program, 
the costs that would be incurred would not require an additional appropriation.
An Act To Prohibit the Practice of Female Genital Mutilation of a Minor
Fiscal Note for Original Bill
Committee: Criminal Justice and Public Safety
Fiscal Note Required: Yes
Fiscal Note
Contingent current biennium cost increase - General Fund
Minor cost increase - General Fund
Minor revenue increase - General Fund
Establishes new Class A crimes; increases correctional and judicial costs
The additional workload associated with the minimal number of new felony cases filed in the court system does not 
require additional funding at this time.  
The collection of additional fines may increase General Fund or other dedicated revenue by minor amounts.
LR2988(01) - Fiscal Note - Page 1 of 1