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Florida statute

Fla. Stat. § 794.08 — Female genital mutilation

Current through 2025 Florida Statutes

Part of Chapter 794: Sexual Battery, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 794.08

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 794.08Primary source, current through the 2025 Florida Statutes
(1) As used in this section, the term “female genital mutilation” means the circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of a female person. (2) A person who knowingly commits, or attempts to commit, female genital mutilation upon a female person younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person who knowingly removes, or causes or permits the removal of, a female person younger than 18 years of age from this state for purposes of committing female genital mutilation commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) A person who is a parent, a guardian, or in a position of familial or custodial authority to a female person younger than 18 years of age and who knowingly consents to or permits the female genital mutilation of that female person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) This section does not apply to procedures performed by or under the direction of a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a registered nurse licensed under part I of chapter 464, a practical nurse licensed under part I of chapter 464, an advanced practice registered nurse licensed under part I of chapter 464, a midwife licensed under chapter 467, or a physician assistant licensed under chapter 458 or chapter 459 when necessary to preserve the physical health of a female person. This section also does not apply to any autopsy or limited dissection conducted pursuant to chapter 406. (6) Consent of a female person younger than 18 years of age or the consent of a parent, guardian, or person who is in a position of familial or custodial authority to the female person younger than 18 years of age is not a defense to the offense of female genital mutilation.

Official sources

Legal terms used in this section

Questions this section answers

Is female genital mutilation a felony or a misdemeanor in Florida?

It depends on the circumstances: female genital mutilation ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 794.08.

Female genital mutilation: Felony of the First Degree (Fla. Stat. § 794.08(2)) · Removal from state for purposes of female genital mutilation: Felony of the Second Degree (Fla. Stat. § 794.08(3)) · Parental/custodial consent to female genital mutilation: Felony of the Third Degree (Fla. Stat. § 794.08(4))

Which Florida statute covers female genital mutilation?

Female genital mutilation is governed by Fla. Stat. § 794.08 (Female genital mutilation).

This reference is informational and is not legal advice.