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Below is the section
of the current
California Penal Code that prohibits
female genital mutilation (FGM of minors, also known as
female circumcision. Male genital mutilation (MGM) is
not mentioned.
Title 9 - Of Crimes Against the Person Involving Sexual
Assault, and Crimes Against Public Decency and Good
Morals
Chapter 2 - Abandonment and Neglect of Children
273.4. (a) If the act constituting a felony
violation of subdivision (a) of Section 273a
was female genital mutilation, as defined in subdivision
(b), the defendant shall be punished by an additional
term of imprisonment in the state prison for one year,
in addition and consecutive to the punishment prescribed
by Section 273a. (b) "Female genital
mutilation" means the excision or infibulation of the
labia majora, labia minora, clitoris, or vulva,
performed for nonmedical purposes. (c) Nothing in this
section shall preclude prosecution under Section
203, 205, or 206
or any other provision of law.
Below is the text of the
California Penal Code
sections
referenced above.
Title 9 - Of Crimes
Against the Person Involving Sexual Assault, and Crimes
Against Public Decency and Good Morals
Chapter 2 -
Abandonment and Neglect of Children
273a. (a) Any person who, under circumstances
or conditions likely to produce great bodily harm or
death, willfully causes or permits any child to suffer,
or inflicts thereon unjustifiable physical pain or
mental suffering, or having the care or custody of any
child, willfully causes or permits the person or health
of that child to be injured, or willfully causes or
permits that child to be placed in a situation where his
or her person or health is endangered, shall be punished
by imprisonment in a county jail not exceeding one year,
or in the state prison for two, four, or six years.
Title 8 - Of Crimes Against the Person
Chapter 2 - Mayhem
203. Every person who unlawfully and
maliciously deprives a human being of a member of his
body, or disables, disfigures, or renders it useless, or
cuts or disables the tongue, or puts out an eye, or
slits the nose, ear, or lip, is guilty of mayhem.
205. A person is guilty of aggravated
mayhem when he or she unlawfully, under circumstances
manifesting extreme indifference to the physical or
psychological well-being of another person,
intentionally causes permanent disability or
disfigurement of another human being or deprives a human
being of a limb, organ, or member of his or her body.
For purposes of this section, it is not necessary to
prove an intent to kill. Aggravated mayhem is a felony
punishable by imprisonment in the state prison for life
with the possibility of parole.
206. Every person who, with the intent
to cause cruel or extreme pain and suffering for the
purpose of revenge, extortion, persuasion, or for any
sadistic purpose, inflicts great bodily injury as
defined in Section 12022.7 upon the person of another,
is guilty of torture. The crime of torture does not
require any proof that the victim suffered pain.
206.1. Torture is punishable by imprisonment in the
state prison for a term of life.
Lastly,
below is the section of the
California Health and Safety
Code that directs the state to implement education,
prevention, and outreach activities relating to female
genital mutilation.
Division 106 - Personal Health Care (Including Maternal,
Child, and Adolescent)
Part 2 - Maternal, Child, and Adolescent Health
Chapter 3 - Child Health
Article 8 - Female Genital Mutilation
Prevention
124170. The State Department of Health
Services, in consultation with the State Department of
Social Services and the appropriate federal agency or
department, shall establish and implement appropriate
education, preventative, and outreach activities,
focusing on the new immigrant populations that
traditionally practice female genital mutilation, for
the purpose of informing members of those communities of
the health risks and emotional trauma inflicted by this
practice and informing those communities and the medical
community of the prohibition and ramifications of
Section 273.4 of the Penal Code.
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