State law classifies knowing genital cutting of minors as a felony

A person who knowingly performs female genital mutilation on someone under 18 commits a class D felony. The rule covers someone who knowingly cuts or alters all or part of the labia or clitoris of a person under 18. A medical operation is allowed if it is needed for the person's health, serves a medical purpose, and is performed by a licensed professional working within their role. An operation related to labor or birth is also allowed for a medical purpose when performed by a listed health professional or a person training to become a physician or nurse-midwife. Custom or ritual cannot be the reason an operation is considered medically needed or medically justified. This provision takes effect October 1, 2026.

A judge may allow a child to testify outside the courtroom or use other courtroom protections. These options apply in criminal cases involving genital mutilation, assault, sexual assault, or abuse of a child age 12 or younger. A lawyer for any party must ask the court to use these procedures. A judge may keep the accused out of the room only if the state proves by clear and convincing evidence that the child's presence would be so intimidating or inhibiting that the testimony must be taken outside the accused's physical presence to ensure reliability. If the accused is kept out or screened from the child, the accused must still see and hear the testimony and consult privately with their lawyer; the child must not see or hear the accused. These procedures take effect October 1, 2026.

A child who is a victim in a covered case may testify without first being qualified as a witness. This applies to a child who is a victim of genital mutilation, assault, sexual assault, or abuse. The judge or jury still decides how much weight to give the testimony and whether the witness is credible. This provision takes effect October 1, 2026.

A person harmed by a violation may sue the person who committed it for damages or other relief. A person harmed by a violation may sue in the Superior Court district where they live. The 30-year deadline applies to personal injury claims for someone who was under 18 when harmed. A parent and child may bring these claims against each other; the usual immunity between parent and child does not apply to these actions. For personal injury caused by genital mutilation when the injured person was under 18, the person must bring a damages action within 30 years after turning 18. These provisions take effect October 1, 2026. The 30-year deadline applies to cases filed on or after that date.