SB 2725: Female Genital Mutilation; Penalties; Civil Action; Education and Outreach; Child Abuse and Neglect; Harm

THE SENATE	S.B. NO.	2725
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

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 or 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.  FGM/C has no health benefits and causes lifelong physical and psychological harm, including chronic pain, infections, childbirth complications, and trauma.  Though often practiced in secrecy, FGM/C occurs in the State and the United States more broadly.  Federal law prohibits FGM/C on minors, but state laws are critical to ensure timely prevention, local enforcement, survivor support, and community engagement.

     Accordingly, the purpose of this Act is to:

     (1)  Establish civil remedies for victims of female genital mutilation;

     (2)  Establish the offense of prohibited acts related to female genital mutilation of a minor; and

     (3)  Amend the statutory definitions of "child abuse or  neglect" and "harm" to include prohibited acts related to female genital mutilation.

     SECTION 2.  Chapter 657, Hawaii Revised Statutes, is amended by adding a new section 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 violates section 707-  , the court may award actual, compensatory, and punitive damages; injunctive relief; and reasonable 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,

whichever occurs later."

     SECTION 3.  Chapter 707, Hawaii Revised Statutes, is amended by adding a new section 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 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, tradition, 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)  For the purposes of this section:

     (a)  "Female genital mutilation" means any procedure 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.

     (b)  "Guardian" means a parent or person appointed by a court to make decisions regarding the support, care, health, and welfare of an individual.

     (c)  "Medically necessary" means a procedure required to diagnose or treat a physical medical condition and performed in accordance with generally accepted standards of medical care.  "Medically necessary" does not include any procedure that is solely justified by cultural, religious, cosmetic, or social considerations.

     (d)  "Minor" means any person less than eighteen years old.

     (5)  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.

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

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

     (8)  The statute of limitation 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."

     SECTION 4.  Section 350-1, Hawaii Revised Statutes, is as follows:

     1.  By amending the definition of "child abuse or neglect" or "harm" to read:

     ""Child abuse or neglect" or "harm" means:

     (1)  The acts or omissions of any person who, or legal entity which, is in any manner or degree related to the child, is residing with the child, or is otherwise responsible for the child's care, that have resulted in the physical or psychological health or welfare of the child, who is under the age of eighteen, to be harmed, or to be subject to any reasonably foreseeable, substantial risk of being harmed.  The acts or omissions are indicated for the purposes of reports by circumstances that include but are not limited to:

          (A)  When the child exhibits evidence of:

               (i)  Substantial or multiple skin bruising or any other internal bleeding;

              (ii)  Any injury to skin causing substantial bleeding;

             (iii)  Malnutrition;

              (iv)  Failure to thrive;

               (v)  Burn or burns;

              (vi)  Poisoning;

             (vii)  Fracture of any bone;

            (viii)  Subdural hematoma;

              (ix)  Soft tissue swelling;

               (x)  Extreme pain;

              (xi)  Extreme mental distress;

             (xii)  Gross degradation; or

            (xiii)  Death; and

               [such] the injury is not justifiably explained, or [when] the history given concerning [such] the condition or death is at variance with the degree or type of [such] the condition or death, or circumstances indicate that [such] the condition or death may not be the product of an accidental occurrence;

          (B)  When the child has been the victim of sexual contact or conduct, including but not limited to sexual assault as defined in the Penal Code, molestation, sexual fondling, incest, or prostitution; obscene or pornographic photographing, filming, or depiction; or other similar forms of sexual exploitation, including but not limited to acts that constitute an offense pursuant to section 712-1202(1)(b);

          (C)  When there exists injury to the psychological capacity of a child as is evidenced by an observable and substantial impairment in the child's ability to function;

          (D)  When the child is not provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision;

          (E)  When the child is provided with dangerous, harmful, or detrimental drugs as defined by section 712-1240; provided that this subparagraph shall not apply when such drugs are provided to the child pursuant to the direction or prescription of a practitioner, as defined in section 712-1240; [or]

          (F)  When the child has been the victim of labor trafficking under chapter 707; or

          (G)  When the child has been the victim of prohibited acts related to female genital mutilation of a minor under section 707-  ; or

     (2)  The acts or omissions of any person that have resulted in sex trafficking or severe forms of trafficking in persons; provided that no finding by the department pursuant to this chapter shall be used as conclusive evidence that a person has committed an offense under part VIII of chapter 707 or section 712-1202."

     2.  By deleting the definition of "harm".

     "["Harm" means the same as defined in section 587A-4.]"

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

 

Report Title:

Female Genital Mutilation; Penalties; Civil Action; Education and Outreach; Child Abuse and Neglect; Harm

 

Description:

Establishes the offense of prohibited acts related to female genital mutilation of a minor.  Authorizes a victim of female genital mutilation to bring a civil action for damages under certain conditions.  Amends the statutory definitions of "child abuse or neglect" and "harm" to include prohibited acts related to female genital mutilation of a minor.

 

 

 

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