76-5-702.  Prohibition on female genital mutilation — Exceptions.

(1)  Terms defined in Sections 76-1-101.5 and 76-5-701 apply to this section.

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Terms Used In Utah Code 76-5-702

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Conduct: means an act or omission. See Utah Code 76-1-101.5
  • female genital mutilation: means any procedure that involves partial or total removal of the external female genitalia, or any harmful procedure to the female genitalia, including:
(a) clitoridectomy;
(b) the partial or total removal of the clitoris or the prepuce;
(c) excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora;
(d) infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning the labia minora or the labia majora, with or without excision of the clitoris;
(e) pricking, piercing, incising, or scraping, and cauterizing the genital area; or
(f) any other actions intended to alter the structure or function of the female genitalia for non-medical reasons. See Utah Code 76-5-701
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (2)  An actor commits female genital mutilation if the actor:

    (a)  performs a procedure described in Section 76-5-701 on a female under 18 years old;

    (b)  gives permission for or permits a procedure described in Section 76-5-701 to be performed on a female under 18 years old; or

    (c)  removes or causes, permits, or facilitates the removal of a female under 18 years old from this state for the purpose of facilitating the performance of a procedure described in Section 76-5-701 on the female.

    (3)  A violation of Subsection (2) is a second degree felony.

    (4)  It is not a defense to this section that the conduct described in Section 76-5-701 is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed or the individual’s parent or guardian consented to the procedure.

    (5)  A surgical procedure is not a violation of this section if the procedure is performed by a physician licensed as a medical professional in the place it is performed and the procedure is:

    (a)  medically advisable;

    (b)  necessary to preserve or protect the physical health of the individual on whom it is performed; or

    (c)  requested for sex reassignment surgery by the individual on whom it is performed.

    (6)  The license of any medical professional licensed in accordance with Title 58, Chapter 31b, Nurse Practice Act, Title 58, Chapter 67, Utah Medical Practice Act, Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or Title 58, Chapter 70a, Utah Physician Assistant Act, who is convicted of a violation of this section shall be permanently revoked by the appropriate licensing board.

    Amended by Chapter 181, 2022 General Session

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