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Florida Criminal Offense

Female Genital Mutilation

Knowingly committing or attempting female genital mutilation on a person younger than 18, or committing related removal or consent conduct.

VariesVaries

Florida Statute

§ 794.08

Female genital mutilation

Quick Summary

Start with the conduct: direct act or attempt, removal from Florida for that purpose, or knowing consent or permission by a parent, guardian, or qualifying authority figure.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Direct Act or Attempt on a Person Under 18

F.S. § 794.08(2)

FelonyFirst Degree

Knowingly committing or attempting female genital mutilation upon a female person younger than 18.

Removal From Florida for the Purpose

F.S. § 794.08(3)

FelonySecond Degree

Knowingly removing, causing, or permitting the removal of a female person younger than 18 from Florida for the purpose of committing female genital mutilation.

Knowing Consent or Permission by Authority Figure

F.S. § 794.08(4)

FelonyThird Degree

A parent, guardian, or qualifying familial or custodial authority figure knowingly consents to or permits female genital mutilation of a female person younger than 18.

Elements of the Offense

  1. Element 1

    The defendant knowingly committed or attempted to commit female genital mutilation upon a female person younger than 18 years of age, or committed another charged statutory track.

    Plain language: Identify whether the charge concerns the direct act or attempt, removal from Florida, or knowing consent or permission.

  2. Element 2

    The State must prove the age, purpose, or qualifying authority-relationship facts required by the charged track.

    Plain language: The direct-act track requires a victim younger than 18; the other tracks have their own required circumstances.

Important Definitions

Female Genital Mutilation

The circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of a female person.

Qualifying Authority Figure

For the consent-or-permission track, a parent, guardian, or person in a position of familial or custodial authority to the female person younger than 18.

Additional Notes

Quick Reference

Identify the statutory track first: direct act or attempt, removal from Florida for the purpose, or authority figure's knowing consent or permission.

Medical and Autopsy Exception

The statute excludes specified procedures performed by or under qualifying licensed medical professionals when necessary to preserve physical health, as well as qualifying autopsy or limited dissection procedures.

Consent Is Not a Defense

A minor's consent, or the consent of a parent, guardian, or qualifying authority figure, is not a defense to the offense.