An Act To Amend the Laws Governing Offenses against the Person
Maine Legislature, Session 128, LD 1822
Committee: Criminal Justice and Public Safety
Sponsors: CARDONE, HILL, BAILEY, NADEAU, TALBOT ROSS, WARREN
Amends: 17-A MRSA §214

Legislative Document
No. 1822
H.P. 1264
House of Representatives, February 6, 2018
An Act To Amend the Laws Governing Offenses against the Person
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative CARDONE of Bangor.
Cosponsored by Senator HILL of York and
Representatives: BAILEY of Saco, NADEAU of Winslow, TALBOT ROSS of Portland, 
WARREN of Hallowell.
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
1.  As used in this section, "female genital mutilation" means the circumcision, 
excision or infibulation, in whole or in part, of the labia majora, labia minora or clitoris of 
a female individual.
2.  A person is guilty of female genital mutilation of a minor if that person, for 
nonmedical purposes, performs female genital mutilation on a female individual who has 
not attained 18 years of age.  Violation of this subsection is a Class A crime.
3.  It is not a violation of this section if the circumcision, excision or infibulation is:
A.  Necessary to the health of the individual on whom the circumcision, excision or 
infibulation is performed and is performed by:
(1)  A person licensed pursuant to Title 32, chapter 36 or 48;
(2)  A midwife licensed pursuant to Title 32, chapter 113-B, subchapter 4; or
(3)  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 113-B, subchapter 4; 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 by a person specified in 
paragraph A.
4.  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 113-B, subchapter 4 is grounds for 
permanent revocation of that person's license.
5.  It is not a defense to prosecution under this section that the female individual who 
has not attained 18 years of age or the parent, guardian or person who has immediate 
custody of the female individual who has not attained 18 years of age:
A.  Consented to the circumcision, excision or infibulation; or
B.  Believed that the circumcision, excision or infibulation was required as part of 
custom, religion or ritual.
6.  The Department of Health and Human Services may develop and institute a 
community outreach program, referred to in this subsection as "the program," to address 
occurrences in this State of the crime of female genital mutilation of a minor.  The 
program must include the following components:
A.  Community-based education and outreach services regarding female genital 
mutilation that provide culturally specific services for communities in the State in 
which female genital mutilation of minors might be practiced;
B.  Outreach and provision of culturally specific support services to victims of female 
genital mutilation in the State;
C.  A culturally sensitive training program relating to female genital mutilation;
D.  Distribution of educational materials regarding the health risks and emotional 
trauma inflicted by and relating to the practice of female genital mutilation; 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 defines "female genital mutilation" and makes it a Class A crime to perform 
female genital mutilation on a female individual under 18 years of age for nonmedical 
purposes.  A violation of female genital mutilation of a minor 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 or 
midwife.
Under the provisions of the bill it is not a defense that the female individual, or the 
parent, guardian or person who has immediate custody of the female individual, 
consented to the procedure or believed that it was necessary for custom, religion or ritual.  
It is a defense that the procedure was 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 and was performed by a person licensed in this State by the Board of Licensure in 
Medicine or the Board of Osteopathic Licensure or a midwife or a person in an approved 
training program under the supervision of a physician or midwife licensed in this State.
This bill also authorizes the Department of Health and Human Services to institute a 
community outreach program regarding female genital mutilation for specific 
communities in which female genital mutilation of minors might be practiced that 
provides support services, training and educational materials.