(1) As used in this section, "female genital mutilation" means a procedure that involves the partial or total removal of the external female genitalia or any procedure harmful to the female genitalia, including but not limited to: (a) A clitoridectomy; (b) The partial or total removal of the clitoris or the prepuce; (c) The excision or the partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora; (d) The infibulation or the narrowing of the vaginal orifice with the creation of a covering seal by cutting and appositioning of the labia minora or the labia majora, with or without the excision of the clitoris; (e) Pricking, piercing, incising, scraping, or cauterizing the genital area; or (f) Any other action to pur posely alter the structure or function of the female genitalia for a nonmedical reason. (2) A person is guilty of female genital mutilation when: (a) The person knowingly performs female genital mutilation on another person under eighteen (18) years of age; (b) The person is a parent, guardian, or has immediate custody or control of a person under eighteen (18) years of age and knowingly consents to or permits female genital mutilation of such person; or (c) The person knowingly removes or causes or permits the removal of a person under eighteen (18) years of age from Kentucky for the purposes of performance of female genital mutilation of the person. (3) It is not a defense to female genital mutilation that the conduct under subsection (2) of this section is: (a) Required as a matter of religion, custom, ritual, or standard practice; or (b) Consented to by the individual on whom it is performed or the individual's parent or guardian. (4) A surgical procedure is not a violation of subsection (1) of this section if the procedure is: (a) Necessary to the health of the person on whom it is performed and is performed by a person licensed in the place of its performance as a health care provider; or (b) Performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place of its performance as a health care provider. (5) Female genital mutilation is a Class B felony.
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