Section 60. (a) For the purposes of this section, the term ”female genital mutilation” shall mean partially or totally removing the female genitalia or altering the structure or function of the female genitalia for non-medical purposes, including, but not limited to, infibulation, the partial or total removal of the clitoris, prepuce, labia minora, or labia majora, the narrowing of the vaginal orifice, or any other procedure that causes injury to the female genitalia for non-medical purposes.

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(b) Whoever knowingly commits female genital mutilation on a person under the age of 18 shall be punished by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $10,000 and by imprisonment in the house of correction for not more than 21/2 years.

(c) Whoever knowingly transports a person under the age of 18 within the commonwealth or knowingly sends such person out of the commonwealth with the intent to commit, or that another person will commit, female genital mutilation shall be punished by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $10,000 and by imprisonment in the house of correction for not more than 21/2 years.

(d) It shall not be a violation of this section for a licensed medical provider to conduct a procedure necessary to preserve or protect the health of the person on whom it is performed in the course of medical treatment or for gender reassignment as requested by the person on whom it is performed.

(e) It shall not be a defense to a violation under this section that the defendant believes their actions were conducted as a matter of custom or ritual or that the person on whom female genital mutilation was performed, or that person’s parent or guardian, consented to the procedure.