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Legislative Update

Female genital mutilation

May 14, 2021 Filed Under: Criminal, Juvenile

S.E.A. 240, P.L. 51
Effective: July 1, 2021
In relevant part:

  • Provides that a child is a child in need of services if before the child becomes 18 years of age the child is a victim of female genital mutilation.
  • Provides that a person who: (1) knowingly or intentionally performs the act of female genital mutilation on a child who is less than 18 years of age; (2) is a parent, guardian, or custodian of a child and consents to, permits, or facilitates the act of female genital mutilation to be performed onthe child; or (3) knowingly transports or facilitates the transportation of a child for the purpose of having the act of female genital mutilation performed on the child; commits the offense of female genital mutilation, a Level 3 felony.
  • Provides a defense to prosecution of female genital mutilation and certain circumstances where a defense to prosecution of female genital mutilation does not apply.
  • Defines “female genital mutilation”.
  • Provides that a person who has reason to believe that a child may be a victim of female genital mutilation has a duty to report the child abuse or neglect.
  • Provides that an action for civil female genital mutilation must be commenced not later than 10 years after the eighteenth birthday of the child.
  • Provides that a victim may seek certain remedies in an action against the defendant for civil female genital mutilation

Read the bill at: http://iga.in.gov/legislative/2021/bills/senate/240

Filed Under: Criminal, Juvenile Tagged With: CHINS, new crime, statute of limitations

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