Washington Code 9A.36.170 – Female genital mutilation — Minors
Current as of: 2023 | Check for updates
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(1) Except as provided in subsection (3) of this section, a person is guilty of female genital mutilation when the person knowingly:
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $5,000 |
Terms Used In Washington Code 9A.36.170
- 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: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(a) Commits female genital mutilation on a minor; or
(b) Transports a minor, or causes or permits the transport of a minor, for the purpose of the performance of female genital mutilation on the minor.
(2) Female genital mutilation is a gross misdemeanor.
(3) A medical procedure is not a violation of this section if it is performed by a licensed health care provider and is necessary to the health of the minor.
(4) It is not a defense to a violation of this section that a person believes the person’s actions were conducted as a matter of culture, custom, religion, or ritual, or that the minor on whom female genital mutilation was performed consented to female genital mutilation, or that the minor’s parent or guardian consented to female genital mutilation.
(5) For the purposes of this section:
(a) “Female genital mutilation” has the meaning provided in RCW 9A.36.175; and
(b) “Minor” means any person under the age of 18.
[ 2023 c 122 § 7.]
NOTES:
Finding—Intent—2023 c 122: “(1) The legislature finds that over 500,000 women in the United States are at risk of or have undergone female genital mutilation. The existence, incidence, and effects of female genital mutilation is often shrouded in secrecy. Federal law prohibits the performance of female genital mutilation in the United States.
(2) The legislature intends to create a private right of action for victims of female genital mutilation and create a disciplinary violation under the uniform disciplinary act. The legislature further intends to establish education and outreach initiatives to prevent female genital mutilation, and provide care for victims of female genital mutilation.” [ 2023 c 122 § 1.]
Effective date—2023 c 122: “This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 20, 2023].” [ 2023 c 122 § 9.]