Texas Health and Safety Code 167.001 – Female Genital Mutilation Prohibited
Current as of: 2024 | Check for updates
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(a) A person commits an offense if the person:
(1) knowingly circumcises, excises, or infibulates any part of the labia majora or labia minora or clitoris of another person who is younger than 18 years of age;
(2) is a parent or legal guardian of another person who is younger than 18 years of age and knowingly consents to or permits an act described by Subdivision (1) to be performed on that person; or
(3) knowingly transports or facilitates the transportation of another person who is younger than 18 years of age within this state or from this state for the purpose of having an act described by Subdivision (1) performed on that person.
(b) An offense under this section is a state jail felony.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Health and Safety Code 167.001
- 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.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) It is a defense to prosecution under Subsection (a) that:
(1) the person performing the act is a physician or other licensed health care professional and the act is within the scope of the person’s license; and
(2) the act is performed for medical purposes.
(d) It is not a defense to prosecution under this section that:
(1) the person on whom the circumcision, excision, or infibulation was performed or was to be performed, or another person authorized to consent to medical treatment of that person, including that person’s parent or legal guardian, consented to the circumcision, excision, or infibulation;
(2) the circumcision, excision, or infibulation is required by a custom or practice of a particular group; or
(3) the circumcision, excision, or infibulation was performed or was to be performed as part of or in connection with a religious or other ritual.