Female Genital Mutilation Lawyers in New York

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 18 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 18 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 18 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.