Senate Bill No. 192

Senate Bill No. 192-Committee on Human Resources and Facilities

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AN ACT relating to crimes; making certain acts relating to the mutilation of female genitalia unlawful; providing a penalty; requiring the state board of health to study methods of educating the public about the mutilation of female genitalia; and providing other matters properly relating thereto.

[Approved June 26, 1997]having their genitalia mutilated; and

Whereas, The genitalia of 6,000 females worldwide are mutilated each day; and
Whereas, One hundred fifty thousand females in the United States have had or are at risk of having their genitalia mutilated; and
Whereas, The State of Nevada has a compelling interest in protecting females from having their genitalia mutilated; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 432B.100 is hereby amended to read as follows:
432B.100"Sexual abuse" includes acts upon a child constituting:
1. Incest under NRS 201.180;
2. Lewdness with a child under NRS 201.230;
3. Annoyance or molestation of a child under NRS 207.260;
4. Sado-masochistic abuse under NRS 201.262;
5. Sexual assault under NRS 200.366;
6. Statutory sexual seduction under NRS 200.368; [and]
7. Open or gross lewdness under NRS 201.210 [.] ; and
8. Mutilation of the genitalia of a female child, aiding, abetting, encouraging or participating in the mutilation of the genitalia of a female child, or removal of a female child from this state for the purpose of mutilating the genitalia of the child under section 2 of this act.
Sec. 2. Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who willfully:
(a) Mutilates, or aids, abets, encourages or participates in the mutilation of, the genitalia of a female child; or
(b) Removes a female child from this state for the purpose of mutilating the genitalia of the child,
is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
2. It is not a defense that:
(a) The person engaging in the conduct prohibited by subsection 1 believes that the conduct is necessary or appropriate as a matter of custom, ritual or standard practice; or
(b) The child, the parent or legal guardian of the child, or another person legally responsible for the child has consented to the conduct prohibited by subsection 1.
3. As used in this section:
(a) "Child" means a person who is under 18 years of age.
(b) "Mutilates the genitalia of a female child" means the removal or infibulation in whole or in part of the clitoris, vulva, labia major or labia minor for nonmedical purposes.
Sec. 3. The state board of health shall, in cooperation with the University of Nevada School of Medicine:
1. Study methods of educating the public about the issue of the mutilation of female genitalia; and
2. Not later than the fifth calendar day of the next regular session of the legislature, submit to the legislature a report detailing any findings and recommendations concerning methods of educating the public about the issue of the mutilation of female genitalia.
Sec. 4. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 5. The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.
Sec. 6. This act becomes effective upon passage and approval.
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