Female genital mutilation
State of Illinois
Public Acts - 90th General Assembly
Public Act 90-0088
HB0106 Enrolled LRB9000925RCsb
AN ACT to amend the Criminal Code of 1961 by changing Sections 12-32 and 12-33 and adding Section 12-34.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing Sections 12-32 and 12-33 and adding Section 12-34 as follows:
(720 ILCS 5/12-32) (from Ch. 38, par. 12-32)
Sec. 12-32. Ritual Mutilation.
(a) A person commits the offense of ritual mutilation, when he or she mutilates, dismembers or tortures another person as part of a ceremony, rite, initiation, observance, performance or practice, and the victim did not consent or under such circumstances that the defendant knew or should have known that the victim was unable to render effective consent.
(b) Sentence. Ritual mutilation is a Class 2 felony.
(c) The offense ritual mutilation does not include the practice of male circumcision or a ceremony, rite, initiation, observance, or performance related thereto.
(Source: P.A. 86-864; 86-1028.)
(720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
Sec. 12-33. Ritualized abuse of a child.
(a) A person is guilty of ritualized abuse of a child when he or she commits any of the following acts with, upon, or in the presence of a child as part of a ceremony, rite or any similar observance:
(1) actually or in simulation, tortures, mutilates, or sacrifices any warm-blooded animal or human being;
(2) forces ingestion, injection or other application of any narcotic, drug, hallucinogen or anaesthetic for the purpose of dulling sensitivity, cognition, recollection of, or resistance to any criminal activity;
(3) forces ingestion, or external application, of human or animal urine, feces, flesh, blood, bones, body secretions, nonprescribed drugs or chemical compounds;
(4) involves the child in a mock, unauthorized or unlawful marriage ceremony with another person or representation of any force or deity, followed by sexual contact with the child;
(5) places a living child into a coffin or open grave containing a human corpse or remains;
(6) threatens death or serious harm to a child, his or her parents, family, pets, or friends that instills a well-founded fear in the child that the threat will be carried out; or
(7) unlawfully dissects, mutilates, or incinerates a human corpse.
(b) The provisions of this Section shall not be construed to apply to:
(1) lawful agricultural, animal husbandry, food preparation, or wild game hunting and fishing practices and specifically the branding or identification of livestock;
(2) the lawful medical practice of male circumcision or any ceremony related to male circumcision;
(3) any state or federally approved, licensed, or funded research project; or
(4) the ingestion of animal flesh or blood in the performance of a religious service or ceremony.
(c) Ritualized abuse of a child is a Class 1 felony for a first offense. A second or subsequent conviction for ritualized abuse of a child is a Class X felony for which the offender may be sentenced to a term of natural life imprisonment.
(d) For the purposes of this Section, "child" means any person under 18 years of age.
(Source: P.A. 87-1167.)
(720 ILCS 5/12-34 new)
Sec. 12-34. Female genital mutilation.
(a) Except as otherwise permitted in subsection (b), whoever knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of another commits the offense of female genital mutilation. Consent to the procedure by a minor on whom it is performed or by the minor's parent or guardian is not a defense to a violation of this Section.
(b) A surgical procedure is not a violation of subsection (a) if the procedure:
(1) is necessary to the health of the person on whom it is performed and is performed by a physician licensed to practice medicine in all of its branches; or
(2) is performed on a person who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a physician licensed to practice medicine in all of its branches.
(c) Sentence. Female genital mutilation is a Class X felony.