HB 2448: Offense of Prohibited Acts of Female Genital Mutilation of a Minor; Crime; Civil Remedies

A BILL FOR AN ACT

RELATING TO FEMALE GENITAL MUTILATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that female genital mutilation/cutting (FGM/C) is a harmful practice recognized internationally as a human rights violation and a form of gender-based violence against women and girls.  Female genital mutilation/cutting has no health benefits and causes lifelong physical and psychological harm, including pain, infections, childbirth complications, and trauma.  Though often practiced in secrecy, female genital mutilation/cutting occurs in Hawaii and the United States more broadly.  Federal law prohibits female genital mutilation/cutting on minors, but state laws are critical to ensure timely prevention, local enforcement, survivor support, and community engagement.

     The purpose of this Act is to establish the offense of prohibited acts of female genital mutilation of a minor and civil remedies for victims of acts punishable under that offense.

     SECTION 2.  Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§663-     Civil action arising from prohibited acts related to female genital mutilation of a minor.  (a)  A victim of an act punishable under the offense of prohibited acts related to female genital mutilation of a minor under section 707-    may bring an action for damages.

     (b)  If a court finds that a person committed an act punishable under the offense of prohibited acts related to female genital mutilation of a minor under section 707-   , the court may award actual, compensatory, and punitive damages and any other appropriate relief.  A prevailing plaintiff shall be awarded attorneys' fees and costs.

     (c)  A civil action under this section may be commenced until ten years after the eighteenth birthday of the victim."

     SECTION 3.  Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§707-     Prohibited acts related to female genital mutilation of a minor.  (1)  A person commits the offense of prohibited acts related to female genital mutilation of a minor if the person intentionally or knowingly:

     (a)  Performs female genital mutilation on a minor;

     (b)  Is a parent, guardian, or other person having immediate custody or control of a minor and consents to, aids, permits, or otherwise facilitates female genital mutilation of the minor; or

     (c)  Removes or facilitates the removal of a minor from the State for the purpose of facilitating female genital mutilation of a minor.

     (2)  It shall not be a defense to prosecution for a violation of this section that the procedure or conduct described in subsection (1):

     (a)  Is required as a matter of custom, ritual, or religious practice;

     (b)  Was consented to by the minor who was subjected to female genital mutilation; or

     (c)  Was consented to by the parent, guardian, or other person legally responsible or charged with the care or custody of the minor who was subjected to female genital mutilation.

     (3)  A health care provider licensed pursuant to chapter 453 who performs the procedure described in subsection (1)(a) shall not be subject to criminal liability under this section if the procedure is:

     (a)  Necessary to protect or preserve the physical health of the minor;

     (b)  Performed on a person in labor or who has just given birth, and is performed for medically necessary purposes connected with that labor or birth; or

     (c)  Part of a gender affirming care requested by the person to whom the care is being provided.

     (4)  Prohibited acts related to female genital mutilation of a minor is a mandatory reportable offense for any person required to report child abuse under section 350-1.1.

     (5)  Nothing in this section is intended to affect any civil remedies available for a violation of this section.

     (6)  Prohibited acts related to female genital mutilation of a minor shall be a class C felony.

     (7)  Notwithstanding section 701-108, the statute of limitations for a prosecution for female genital mutilation of a minor under this section shall not begin to run until the victim reaches eighteen years of age or when the violation is first reported to a law enforcement agency, whichever occurs first.

     (8)  For purposes of this section:

     "Female genital mutilation" means any procedure performed for non-medical reasons that involves the partial or total removal of, or other injury to, the external female genitalia, including:

     (a)  A clitoridectomy or the partial or total removal of the clitoris, prepuce, or clitoral hood;

     (b)  Excision or the partial or total removal with or without excision of the clitoris or the labia minora with or without removal of the labia majora;

     (c)  Infibulation or the narrowing of the vaginal opening with or without excision of the clitoris; or

     (d)  Other procedures that are harmful to the external female genitalia, including pricking, piercing, incising, scraping, or cauterizing the genital area.

     "Minor" means any person less than eighteen years old."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Offense of Prohibited Acts of Female Genital Mutilation of a Minor; Crime; Civil Remedies

Description:

Establishes the offense of prohibited acts of female genital mutilation of a minor and civil remedies for victims of acts punishable under that offense.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to female genital mutilation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that female genital mutilation/cutting (FGM/C) is a harmful practice recognized internationally as a human rights violation and a form of gender-based violence against women and girls.  Female genital mutilation/cutting has no health benefits and causes lifelong physical and psychological harm, including pain, infections, childbirth complications, and trauma.  Though often practiced in secrecy, female genital mutilation/cutting occurs in Hawaii and the United States more broadly.  Federal law prohibits female genital mutilation/cutting on minors, but state laws are critical to ensure timely prevention, local enforcement, survivor support, and community engagement.

     The purpose of this Act is to establish the offense of prohibited acts of female genital mutilation of a minor and civil remedies for victims of that offense.

     SECTION 2.  Chapter 657, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§657-     Civil action arising from prohibited acts related to female genital mutilation of a minor.  (a)  A victim of female genital mutilation may bring an action for damages against a person for a violation of section 707-   .

     (b)  If a court determines that an individual violated section 707-   , the court may award actual, compensatory, and punitive damages and any other appropriate relief.  A prevailing plaintiff shall be awarded attorneys' fees and costs.

     (c)  A civil action under this section may be commenced:

     (1)  Within ten years after the date the victim was subjected to the act of female genital mutilation pursuant to section 707-   ; or

     (2)  Until ten years after the eighteenth birthday of the victim."

     SECTION 3.  Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§707-     Prohibited acts related to female genital mutilation of a minor.  (1)  A person commits the offense of prohibited acts related to female genital mutilation of a minor if the person intentionally or knowingly:

     (a)  Performs female genital mutilation on a minor;

     (b)  Is a parent, guardian, or other person having immediate custody or control of a minor and consents to, aids, permits, or otherwise facilitates female genital mutilation of the minor; or

     (c)  Removes or facilitates the removal of a minor from the State for the purpose of facilitating female genital mutilation of a minor.

     (2)  It shall not be a defense to prosecution for a violation of this section that the procedure or conduct described in subsection (1):

     (a)  Is required as a matter of custom, ritual, or religious practice;

     (b)  Was consented to by the minor who was subjected to female genital mutilation; or

     (c)  Was consented to by the parent, guardian, or other person legally responsible or charged with the care or custody of the minor who was subjected to female genital mutilation.

     (3)  A health care provider licensed pursuant to chapter 453 who performs the procedure described in subsection (1)(a) shall not be subject to criminal liability under this section if the procedure is:

     (a)  Necessary to protect or preserve the physical health of the minor;

     (b)  Performed on a person in labor or who has just given birth, and is performed for medically necessary purposes connected with that labor or birth; or

     (c)  Part of a gender affirming care requested by the person to whom the care is being provided.

     (4)  Prohibited acts related to female genital mutilation is a mandatory reportable offense for any person required to report child abuse under section 350-1.1.

     (5)  Nothing in this section is intended to affect any civil remedies available for a violation of this section.

     (6)  Prohibited acts related to female genital mutilation shall be a class B felony.

     (7)  The statute of limitations for a prosecution for female genital mutilation of a minor under this section shall not begin to run until the victim reaches eighteen years of age or when the violation is first reported to a law enforcement agency, whichever occurs first.

     (8)  For purposes of this section:

     "Female genital mutilation" means any procedure performed for non-medical reasons that involves the partial or total removal of, or other injury to, the external female genitalia, including:

     (a)  A clitoridectomy or the partial or total removal of the clitoris, prepuce, or clitoral hood;

     (b)  Excision or the partial or total removal with or without excision of the clitoris or the labia minora with or without removal of the labia majora;

     (c)  Infibulation or the narrowing of the vaginal opening with or without excision of the clitoris; or

     (d)  Other procedures that are harmful to the external female genitalia, including pricking, piercing, incising, scraping, or cauterizing the genital area.

     "Minor" means any person less than eighteen years old."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Female Genital Mutilation; Civil Remedies; Criminal Offense

Description:

Establishes the offense of prohibited acts of female genital mutilation of a minor and civil remedies for victims of that offense.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  910-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2448

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2448 entitled:

"A BILL FOR AN ACT RELATING TO FEMALE GENITAL MUTILATION,"

begs leave to report as follows:

     The purpose of this measure is to establish the offense of prohibited acts of female genital mutilation of a minor and civil remedies for victims of acts punishable under that offense.

     Your Committee received testimony in support of this measure from the Hawaii State Commission on the Status of Women and four individuals.  Your Committee received testimony in opposition to this measure from one individual.

     Your Committee finds that female genital mutilation is an internationally recognized human rights violation that causes lasting physical and psychological harm to minors.  Your Committee further finds that although federal law prohibits this practice, state-level enforcement mechanisms are essential to ensure timely intervention, reporting, and access to justice.  This measure strengthens Hawaii's commitment to protecting children by establishing criminal penalties and civil remedies for victims of female genital mutilation.

     Your Committee has amended this measure by:

     (1)  Clarifying the statute of limitation applicable to the civil remedies available to victims of acts punishable under the offense of prohibited acts of female genital mutilation of a minor;

     (2)  Changing the class of felony for the offense from a class B felony to a class C felony;

     (3)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2448, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2448, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,