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90_HB0106
720 ILCS 5/12-32 from Ch. 38, par. 12-32
720 ILCS 5/12-33 from Ch. 38, par. 12-33
720 ILCS 5/12-34 new
Amends the Criminal Code of 1961. Creates the offense of
female genital mutilation. Violation is a Class X felony.
Exempts certain surgical procedures performed by physicians
that are necessary to the health of the person or for medical
purposes in connection with labor or childbirth. Provides
that exemptions from violations of the offenses of ritual
mutilation and ritualized abuse of a child for circumcision
apply only to male circumcision.
LRB9000925RCsb
LRB9000925RCsb
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 12-32 and 12-33 and adding Section 12-34.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 12-32 and 12-33 and adding Section 12-34 as
7 follows:
8 (720 ILCS 5/12-32) (from Ch. 38, par. 12-32)
9 Sec. 12-32. Ritual Mutilation.
10 (a) A person commits the offense of ritual mutilation,
11 when he or she mutilates, dismembers or tortures another
12 person as part of a ceremony, rite, initiation, observance,
13 performance or practice, and the victim did not consent or
14 under such circumstances that the defendant knew or should
15 have known that the victim was unable to render effective
16 consent.
17 (b) Sentence. Ritual mutilation is a Class 2 felony.
18 (c) The offense ritual mutilation does not include the
19 practice of male circumcision or a ceremony, rite,
20 initiation, observance, or performance related thereto.
21 (Source: P.A. 86-864; 86-1028.)
22 (720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
23 Sec. 12-33. Ritualized abuse of a child.
24 (a) A person is guilty of ritualized abuse of a child
25 when he or she commits any of the following acts with, upon,
26 or in the presence of a child as part of a ceremony, rite or
27 any similar observance:
28 (1) actually or in simulation, tortures, mutilates,
29 or sacrifices any warm-blooded animal or human being;
30 (2) forces ingestion, injection or other
-2- LRB9000925RCsb
1 application of any narcotic, drug, hallucinogen or
2 anaesthetic for the purpose of dulling sensitivity,
3 cognition, recollection of, or resistance to any criminal
4 activity;
5 (3) forces ingestion, or external application, of
6 human or animal urine, feces, flesh, blood, bones, body
7 secretions, nonprescribed drugs or chemical compounds;
8 (4) involves the child in a mock, unauthorized or
9 unlawful marriage ceremony with another person or
10 representation of any force or deity, followed by sexual
11 contact with the child;
12 (5) places a living child into a coffin or open
13 grave containing a human corpse or remains;
14 (6) threatens death or serious harm to a child, his
15 or her parents, family, pets, or friends that instills a
16 well-founded fear in the child that the threat will be
17 carried out; or
18 (7) unlawfully dissects, mutilates, or incinerates
19 a human corpse.
20 (b) The provisions of this Section shall not be
21 construed to apply to:
22 (1) lawful agricultural, animal husbandry, food
23 preparation, or wild game hunting and fishing practices
24 and specifically the branding or identification of
25 livestock;
26 (2) the lawful medical practice of male
27 circumcision or any ceremony related to male
28 circumcision;
29 (3) any state or federally approved, licensed, or
30 funded research project; or
31 (4) the ingestion of animal flesh or blood in the
32 performance of a religious service or ceremony.
33 (c) Ritualized abuse of a child is a Class 1 felony for
34 a first offense. A second or subsequent conviction for
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1 ritualized abuse of a child is a Class X felony for which the
2 offender may be sentenced to a term of natural life
3 imprisonment.
4 (d) For the purposes of this Section, "child" means any
5 person under 18 years of age.
6 (Source: P.A. 87-1167.)
7 (720 ILCS 5/12-34 new)
8 Sec. 12-34. Female genital mutilation.
9 (a) Except as otherwise permitted in subsection (b),
10 whoever knowingly circumcises, excises, or infibulates, in
11 whole or in part, the labia majora, labia minora, or clitoris
12 of another commits the offense of female genital mutilation.
13 Consent to the procedure by a minor on whom it is performed
14 or by the minor's parent is not a defense to a violation of
15 this Section.
16 (b) A surgical procedure is not a violation of
17 subsection (a) if the procedure:
18 (1) is necessary to the health of the person on
19 whom it is performed and is performed by a physician
20 licensed to practice medicine in all of its branches; or
21 (2) is performed on a person who is in labor or who
22 has just given birth and is performed for medical
23 purposes connected with that labor or birth by a
24 physician licensed to practice medicine in all of its
25 branches.
26 (c) Sentence. Female genital mutilation is a Class X
27 felony.