WeVote
Log In

Bill

Bill

SB 5453

Concerning female genital mutilation.

2023-2024 Regular Session Introduced by Annette Cleveland and 5 co-sponsors

Prohibits female genital mutilation of minors; creates criminal penalties, civil damages for victims, mandatory reporting, professional discipline, and DOH prevention training.

Effective date 4/20/2023.
0
WeVote Research Nonpartisan
Bill Summary · SB 5453

SB 5453 — Summary (Concerning female genital mutilation)

Status: Enacted (Chapter 122, 2023 Laws). Governor signed 4/20/2023; effective immediately (emergency clause).

Purpose
- To prohibit and deter female genital mutilation (FGM) in Washington by (1) creating criminal penalties, (2) establishing a civil cause of action for victims, (3) treating FGM as reportable child abuse, (4) making FGM by a clinician unprofessional conduct, and (5) requiring the Department of Health (DOH) to develop prevention education and provider training.

Key definitions
- “Female genital mutilation” is defined as any procedure performed for nonmedical reasons that involves partial or total removal of, or other injury to, the external female genitalia (examples listed include clitoridectomy, excision, infibulation, or pricking/incising/scraping/cauterizing the genital area).

Major provisions and changes
- Criminal offense
- Creates the crime of Female Genital Mutilation: knowingly (a) performs FGM on a minor, or (b) transports/causes/permits transport of a minor for the purpose of FGM.
- Classification: gross misdemeanor (max ~364 days jail and up to $5,000 fine).
- No defense allowed based on cultural, custom, religion, ritual, or consent by the minor/guardian.
- Medical exception: a medically necessary procedure performed by a licensed health care provider does not constitute FGM.
- Criminal prosecution time limit: generally 10 years after the offense, or for offenses against minors, until the victim’s 28th birthday, whichever is later.

  • Civil cause of action

    • A victim may sue the person who committed FGM for economic and noneconomic damages, punitive damages, reasonable attorneys’ fees and costs.
    • Statute of limitations: action must be brought within 10 years of injury; tolled for minors until age 18.

  • Health professional discipline

    • Performing FGM on a minor is added to the Uniform Disciplinary Act grounds for unprofessional conduct for licensed health care providers (subject to discipline, e.g., fines, license actions).

  • Mandatory reporting

    • FGM is added to the definition of child “abuse or neglect” that mandatory reporters must report to law enforcement or the Department of Children, Youth, and Families.

  • Education and training

    • DOH must establish a prevention education program including health risks and emotional harms, civil/criminal penalties, stakeholder partnerships, and training for health care providers to identify risk factors and signs of FGM.

Scope, affected parties, and impact
- Affects: minors (potential victims), perpetrators, parents/guardians, health care providers (licensure consequences), mandatory reporters, and DOH (education/training duties).
- Enables civil redress for victims and criminal accountability for perpetrators; expands mandatory reporting duties; empowers DOH to conduct prevention/outreach and provider training.
- No specific appropriation included in the bill; fiscal note available.

Statutory changes
- Adds new sections to RCW chapters (including 9A.36 and 18.130), amends RCW 18.130.180 and related reporting statutes to incorporate FGM provisions.

Context
- The legislature cited federal prohibitions and national estimates of risk; the law was enacted to close a statutory gap and strengthen prevention, reporting, remediation, and accountability in Washington.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.