Kentucky Statutes 508.125 – Female genital mutilation
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(1) As used in this section, “female genital mutilation” means a procedure that involves the partial or total removal of the external female genitalia or any procedure harmful to the female genitalia, including but not limited to:
(a) A clitoridectomy;
For details, see § 532.060
(b) The partial or total removal of the clitoris or the prepuce;
(c) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora;
(d) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning of the labia minora or the labia majora, with or without the excision of the clitoris;
(e) Pricking, piercing, incising, scraping, or cauterizing the genital area; or
(f) Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason.
(2) A person is guilty of female genital mutilation when:
(a) The person knowingly performs female genital mutilation on another person under eighteen (18) years of age;
(b) The person is a parent, guardian, or has immediate custody or control of a person under eighteen (18) years of age and knowingly consents to or permits female genital mutilation of such person; or
(c) The person knowingly removes or causes or permits the removal of a person under eighteen (18) years of age from Kentucky for the purposes of performance of female genital mutilation of the person.
(3) It is not a defense to female genital mutilation that the conduct under subsection (2)
of this section is:
(a) Required as a matter of religion, custom, ritual, or standard practice; or
(b) Consented to by the individual on whom it is performed or the individual’s parent or guardian.
(4) A surgical procedure is not a violation of subsection (1) of this section if the procedure is:
(a) Necessary to the health of the person on whom it is performed and is performed by a person licensed in the place of its performance as a health care provider; or
(b) Performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place of its performance as a health care provider.
(5) Female genital mutilation is a Class B felony.
Effective: April 2, 2020
History: Created 2020 Ky. Acts ch. 74, sec. 1, effective April 2, 2020.
(a) A clitoridectomy;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 508.125
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(b) The partial or total removal of the clitoris or the prepuce;
(c) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora;
(d) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning of the labia minora or the labia majora, with or without the excision of the clitoris;
(e) Pricking, piercing, incising, scraping, or cauterizing the genital area; or
(f) Any other action to purposely alter the structure or function of the female genitalia for a nonmedical reason.
(2) A person is guilty of female genital mutilation when:
(a) The person knowingly performs female genital mutilation on another person under eighteen (18) years of age;
(b) The person is a parent, guardian, or has immediate custody or control of a person under eighteen (18) years of age and knowingly consents to or permits female genital mutilation of such person; or
(c) The person knowingly removes or causes or permits the removal of a person under eighteen (18) years of age from Kentucky for the purposes of performance of female genital mutilation of the person.
(3) It is not a defense to female genital mutilation that the conduct under subsection (2)
of this section is:
(a) Required as a matter of religion, custom, ritual, or standard practice; or
(b) Consented to by the individual on whom it is performed or the individual’s parent or guardian.
(4) A surgical procedure is not a violation of subsection (1) of this section if the procedure is:
(a) Necessary to the health of the person on whom it is performed and is performed by a person licensed in the place of its performance as a health care provider; or
(b) Performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place of its performance as a health care provider.
(5) Female genital mutilation is a Class B felony.
Effective: April 2, 2020
History: Created 2020 Ky. Acts ch. 74, sec. 1, effective April 2, 2020.