# Title 12.1 — Criminal Code

## Chapter 12.1-36 — Female Genital Mutilation

### § 12.1-36-01. Surgical alteration of the genitals of female minor - Penalty - Exception.

1. Except as provided in subsection 2, any person who knowingly separates or surgically
alters normal, healthy, functioning genital tissue of a female minor is guilty of a class C
felony.
2. A surgical operation is not a violation of this section if a licensed medical practitioner
performs the operation to correct an anatomical abnormality or to remove diseased
tissue that is an immediate threat to the health of the female minor. In applying this
subsection, any belief that the operation is required as a matter of custom, ritual, or
standard of practice may not be taken into consideration.
3. Any parent, adult family or household member, guardian, or other custodian of any
child who willfully allows a child to be surgically altered under this section is guilty of
child abuse under subsection 1 of section 14-09-22.
4. A custom, ritual, religious practice, or the consent of the parent or guardian of a minor
is not a defense against a violation under this section.
5. Notwithstanding the limitations of section 29-04-02, prosecution for a violation of
subsection 3 must be commenced within three years of the date of the offense or
within three years after the offense is reported to law enforcement, whichever is later.
