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Female Genital Mutilation


Penal Law 130.85

Penal Law 130.85(1)(a)

Under New York State law, a person is guilty of female genital mutilation when that person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not reached eighteen years of age. Infibulate means to close off or obstruct the genitals. A circumcision, excision, or infibulation is necessary to the health of the person on whom it is performed by a licensed physician or is performed on a person in labor or who has just given birth. A person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person when that person is aware that he or she is doing so. If convicted, a person will be charged with a Class E Felony.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) that on the date alleged the defendant circumcised, excised, or infibulated the whole or any part of the labia majora or labia minora or clitoris; (2) the defendant did so knowingly; and (3) that the complainant had not reached eighteen years of age.

Penal Law 130.85(1)(b)

Under New York State law, a person is guilty of female genital mutilation when he or she is a parent, guardian, or other person legally responsible for a child less than eighteen years old and he or she knowingly consents to the circumcision, excision, or infibulation of the whole or part of such child’s labia majora or labia minora or clitoris. A circumcision, excision, or infibulation is necessary to the health of the person on whom it is performed by a licensed physician or is performed on a person in labor or who has just given birth. A person knowingly consents to the circumcision, excision, or infibulation of the whole or part of such child’s labia majora or labia minora or clitoris when that person is aware that he or she is consenting to such an act. If convicted, a person will be charged with a Class E Felony.

It is not a defense that the defendant did not know the age of the child or believed that the child was eighteen years old or older. To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt four elements: (1) that on the date alleged the defendant was the parent, guardian or other person legally responsible for the child; (2) the child was less than eighteen years old; (3) the defendant consented to the circumcision, excision, or infibulation of whole or part of such child’s labia majora or labia minora or clitoris; and (4) the defendant did so knowingly.

For more information on Female Genital Mutilation, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 500-3273 today.

Lebedin Kofman LLP

Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.

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