AB 798: Female genital mutilation.

Existing law prohibits, as specified, the infliction of pain or suffering or the willful neglect of a child. Existing law imposes a penalty enhancement if the act constituting a violation of this prohibition was an act of female genital mutilation. Existing law defines female genital mutilation as the excision or infibulation of the labia majora, labia minora, clitoris, or vulva, performed for nonmedical purposes.

This bill would specify that for the purposes of that enhancement and other crimes it is not a defense that the conduct is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom it is performed, or the individuals parent or guardian, consented to the procedure. The bill would state that evidence that a person removes or causes, permits, or facilitates the removal of a minor from this state may be used as circumstantial evidence to establish a violation of any crime arising from the commission of female genital mutilation. The bill would define female genital mutilation as any procedure that involves partial or total removal of the external female genitalia, or other injury to the female genital organs for nonmedical reasons. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law, the Child Abuse Neglect and Reporting Act, designates certain persons mandated reporters and requires them to report suspected child abuse or neglect to certain specified agencies whenever the mandated reporter, in their professional capacity or within the scope of their employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect.

This bill would specify that female genital mutilation is child abuse for these purposes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.