CHAPTER 438

FORMERLY

SENATE BILL NO. 393

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FEMALE GENITAL MUTILATION

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 5, Subchapter V, Title 11 of the Delaware Code by adding a new §1113 as follows:

"§1113. Female Genital Mutilation.

(a) A person is guilty of female genital mutilation when:

(1) A person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a female minor; or

(2) A parent, guardian or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision or infibulation, in whole or in part, of such minor's labia majora, labia minora, or clitoris.

(b) Female genital mutilation is a Class E felony.

(c) It is not a defense to a violation that the conduct described in (a) above is required( a matter of custom, ritual or standard practice, or that the minor on whom it is performed or 11 minor's parent or legal guardian consented to the procedure.

(d) A surgical procedure is not a violation of this section if the procedure is:

(1) Necessary to the health of the minor on whom it is performed and

performed by a licensed physician under §1720 of Title 24 or a physician-in-training under ti supervision of a licensed physician; or

(2) Performed on a minor who is in labor or who has just given birth and performed for medical purposes connected with that labor or birth by a licensed physician under

§1720 of Title 24 or a physician-in-training under the supervision of a licensed physician, or a licensed midwife under §3336 of Title 18."

Approved July 3, 1996