354:1 New Section; Female Genital Mutilation Prohibited. Amend RSA 632-A by inserting after section 10-c the following new section:

632-A:10-d Female Genital Mutilation.

I. A person is guilty of a class A felony if:

(a) The person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a female minor.

(b) The parent, guardian, or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision, or infibulation, in whole or in part, of such minor's labia majora, labia minora, or clitoris.

(c) The person knowingly removes or causes or permits the removal of a female minor from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female.

II. It shall not be a defense to prosecution for a violation of this section that the conduct described in paragraph I is required as a matter of custom, ritual, or religious practice, or that the minor on whom it is performed, or the minor's parent or legal guardian, consented to the procedure.

III. If the action described in paragraph I is performed by a licensed physician during a surgical procedure, it shall not be a violation of this section if:

(a) The procedure is necessary to the physical health of the minor on whom it is performed; or

(b) The procedure is performed on a minor who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth.

IV. Any child subjected to conduct prohibited by paragraph I, but which is not justified pursuant to paragraph III, shall be considered an abused child pursuant to RSA 169-C:3, II.

354:2 Abused Child; Definition. Amend RSA 169-C:3, II(d) to read as follows:

(d) Physically injured by other than accidental means; or

(e) Subjected to an act prohibited by RSA 632-A:10-d.

354:3 Abused Child; Definition. Amend RSA 169-C:3, II(e) to read as follows:

(e) Subjected, by any person, to human trafficking as defined in RSA 633:7; or

(f) Subjected to an act prohibited by RSA 632-A:10-d.

354:4 Contingency. If HB 1683-FN of the 2018 regular legislative session becomes law, section 3 of this act shall take effect and section 2 of this act shall not take effect. If HB 1683-FN does not become law, section 2 of this act shall take effect and section 3 of this act shall not take effect.

354:5 Effective Date. This act shall take effect January 1, 2019.

Approved: July 02, 2018

Effective Date: January 01, 2019

354:1 New Section; Female Genital Mutilation Prohibited. Amend RSA 632-A by inserting after section 10-c the following new section:

632-A:10-d Female Genital Mutilation.

I. A person is guilty of a class A felony if:

(a) The person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a female minor.

(b) The parent, guardian, or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision, or infibulation, in whole or in part, of such minor's labia majora, labia minora, or clitoris.

(c) The person knowingly removes or causes or permits the removal of a female minor from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female.

II. It shall not be a defense to prosecution for a violation of this section that the conduct described in paragraph I is required as a matter of custom, ritual, or religious practice, or that the minor on whom it is performed, or the minor's parent or legal guardian, consented to the procedure.

III. If the action described in paragraph I is performed by a licensed physician during a surgical procedure, it shall not be a violation of this section if:

(a) The procedure is necessary to the physical health of the minor on whom it is performed; or

(b) The procedure is performed on a minor who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth.

IV. Any child subjected to conduct prohibited by paragraph I, but which is not justified pursuant to paragraph III, shall be considered an abused child pursuant to RSA 169-C:3, II.

354:2 Abused Child; Definition. Amend RSA 169-C:3, II(d) to read as follows:

(d) Physically injured by other than accidental means; or

(e) Subjected to an act prohibited by RSA 632-A:10-d.

354:3 Abused Child; Definition. Amend RSA 169-C:3, II(e) to read as follows:

(e) Subjected, by any person, to human trafficking as defined in RSA 633:7; or

(f) Subjected to an act prohibited by RSA 632-A:10-d.

354:4 Contingency. If HB 1683-FN of the 2018 regular legislative session becomes law, section 3 of this act shall take effect and section 2 of this act shall not take effect. If HB 1683-FN does not become law, section 2 of this act shall take effect and section 3 of this act shall not take effect.

354:5 Effective Date. This act shall take effect January 1, 2019.

Approved: July 02, 2018

Effective Date: January 01, 2019