Sec 13-1214. Unlawful mutilation; classification; definition

A. It is unlawful for a person to:

1. Mutilate a female who is under eighteen years of age.

2. Knowingly transport a female who is under eighteen years of age to another jurisdiction for the purpose of mutilation.

3. Recklessly transport a female who is under eighteen years of age to another jurisdiction where mutilation is likely to occur.

B. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than twenty-five thousand dollars.

C. Unlawful mutilation is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, unlawful mutilation is punishable pursuant to section 13-705. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. The term for a first offense is as follows:

      Minimum                 Presumptive               Maximum
      5.25 years              7 years                   14 years
 

The term for a defendant who has one historical prior felony conviction is as follows:

      Minimum                 Presumptive               Maximum
      7 years                 10.5 years                21 years
 

The term for a defendant who has two or more historical prior felony convictions is as follows:

      Minimum                 Presumptive               Maximum
      14 years                15.75 years               28 years
 

D. The sentence imposed on a person for unlawful mutilation shall be consecutive to any other unlawful mutilation sentence imposed on the person at any time.

E. The consent of the minor on whom the mutilation is performed or the parents of the minor is not a defense to a prosecution for unlawful mutilation.

F. For the purposes of this section, "mutilate" or "mutilation" means the partial or total removal of the clitoris, prepuce, labia minora, with or without excision of the labia major, the narrowing of the vaginal opening through the creation of a covering seal formed by cutting and repositioning the inner or outer labia, with or without removal of the clitoris, or any harmful procedure to the genitalia, including pricking, piercing, incising, scraping or cauterizing. Mutilate and mutilation do not include procedures performed by a licensed physician that are proven to be medically necessary due to a medically recognized condition.