Public Act 90-0088 of the 90th General Assembly

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Public Act 90-0088

HB0106 Enrolled                                LRB9000925RCsb

    AN ACT to amend the Criminal Code  of  1961  by  changing
Sections 12-32 and 12-33 and adding Section 12-34.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Criminal  Code  of  1961  is  amended  by
changing Sections 12-32 and 12-33 and adding Section 12-34 as

    (720 ILCS 5/12-32) (from Ch. 38, par. 12-32)
    Sec. 12-32.  Ritual Mutilation.
    (a)  A  person  commits the offense of ritual mutilation,
when he or she  mutilates,  dismembers  or  tortures  another
person  as  part of a ceremony, rite, initiation, observance,
performance or practice, and the victim did  not  consent  or
under  such  circumstances  that the defendant knew or should
have known that the victim was  unable  to  render  effective
    (b)  Sentence. Ritual mutilation is a Class 2 felony.
    (c)  The  offense  ritual mutilation does not include the
practice  of  male  circumcision   or   a   ceremony,   rite,
initiation, observance, or performance related thereto.
(Source: P.A. 86-864; 86-1028.)

    (720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
    Sec. 12-33.  Ritualized abuse of a child.
    (a)  A  person  is  guilty of ritualized abuse of a child
when he or she commits any of the following acts with,  upon,
or  in the presence of a child as part of a ceremony, rite or
any similar observance:
         (1)  actually or in simulation, tortures, mutilates,
    or sacrifices any warm-blooded animal or human being;
         (2)  forces   ingestion,    injection    or    other
    application   of  any  narcotic,  drug,  hallucinogen  or
    anaesthetic  for  the  purpose  of  dulling  sensitivity,
    cognition, recollection of, or resistance to any criminal
         (3)  forces ingestion, or external  application,  of
    human  or  animal urine, feces, flesh, blood, bones, body
    secretions, nonprescribed drugs or chemical compounds;
         (4)  involves the child in a mock,  unauthorized  or
    unlawful   marriage   ceremony  with  another  person  or
    representation of any force or deity, followed by  sexual
    contact with the child;
         (5)  places  a  living  child  into a coffin or open
    grave containing a human corpse or remains;
         (6)  threatens death or serious harm to a child, his
    or her parents, family, pets, or friends that instills  a
    well-founded  fear  in  the child that the threat will be
    carried out; or
         (7)  unlawfully dissects, mutilates, or  incinerates
    a human corpse.
    (b)  The   provisions   of  this  Section  shall  not  be
construed to apply to:
         (1)  lawful  agricultural,  animal  husbandry,  food
    preparation, or wild game hunting and  fishing  practices
    and   specifically  the  branding  or  identification  of
         (2)  the   lawful   medical   practice    of    male
    circumcision    or   any   ceremony   related   to   male
         (3)  any state or federally approved,  licensed,  or
    funded research project; or
         (4)  the  ingestion  of animal flesh or blood in the
    performance of a religious service or ceremony.
    (c)  Ritualized abuse of a child is a Class 1 felony  for
a  first  offense.   A  second  or  subsequent conviction for
ritualized abuse of a child is a Class X felony for which the
offender  may  be  sentenced  to  a  term  of  natural   life
    (d)  For  the purposes of this Section, "child" means any
person under 18 years of age.
(Source: P.A. 87-1167.)

    (720 ILCS 5/12-34 new)
    Sec. 12-34.  Female genital mutilation.
    (a)  Except as otherwise  permitted  in  subsection  (b),
whoever  knowingly  circumcises,  excises, or infibulates, in
whole or in part, the labia majora, labia minora, or clitoris
of another commits the offense of female genital  mutilation.
Consent  to  the procedure by a minor on whom it is performed
or by the minor's parent or guardian is not a  defense  to  a
violation of this Section.
    (b)  A   surgical   procedure   is  not  a  violation  of
subsection (a) if the procedure:
         (1)  is necessary to the health  of  the  person  on
    whom  it  is  performed  and  is performed by a physician
    licensed to practice medicine in all of its branches; or
         (2)  is performed on a person who is in labor or who
    has  just  given  birth  and  is  performed  for  medical
    purposes  connected  with  that  labor  or  birth  by   a
    physician  licensed  to  practice  medicine in all of its
    (c)  Sentence.  Female genital mutilation is  a  Class  X

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