RELATING TO FEMALE GENITAL MUTILATION.

HB2448

HOUSE OF REPRESENTATIVES

H.B. NO.

2448

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:

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SECTION
1.
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The legislature finds that female
genital mutilation/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.
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Female genital
mutilation/cutting has no health benefits and causes lifelong physical and
psychological harm, including pain, infections, childbirth complications, and
trauma.
�
Though often practiced in
secrecy, female genital mutilation/cutting occurs in Hawaii and the United
States more broadly.
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Federal law
prohibits female genital mutilation/cutting on minors, but state laws are
critical to ensure timely prevention, local enforcement, survivor support, and
community engagement.

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The
purpose of this Act is to establish the offense of prohibited acts of female
genital mutilation of a minor and civil remedies for victims of that offense.

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SECTION
2.
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Chapter 657, Hawaii Revised Statutes,
is amended by adding a new section to part I to be appropriately designated and
to read as follows:

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"
�657-
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Civil action arising from prohibited
acts related to female genital mutilation of a minor.
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(a)
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A victim of female genital mutilation may bring an action for damages
against a person for a violation of section 707- .

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(b)
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If a court determines that an individual
violated section 707- , the court may award actual,
compensatory, and punitive damages and any other appropriate relief.
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A prevailing plaintiff shall be awarded
attorneys' fees and costs.

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(c)
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A civil action under this section may be
commenced:

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(1)
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Within ten years after the date the victim
was subjected to the act of female genital mutilation pursuant to section
707- ; or

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(2)
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Until ten years after the eighteenth
birthday of the victim.
"

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SECTION
3.
�
Chapter 707, Hawaii Revised Statutes,
is amended by adding a new section to part III to be appropriately designated
and to read as follows:

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"
�707-
�
Prohibited acts related to female genital
mutilation of a minor.
�
(1)
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A person commits the offense of prohibited acts related to female
genital mutilation of a minor if the person intentionally or knowingly:

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(a)
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Performs female genital mutilation on a
minor;

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(b)
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Is a parent, guardian, or other person
having immediate custody or control of a minor and consents to, aids, permits,
or otherwise facilitates female genital mutilation of the minor; or

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(c)
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Removes or facilitates the removal of a
minor from the State for the purpose of facilitating female genital mutilation
of a minor.

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(2)
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It shall not be a defense to prosecution for
a violation of this section that the procedure or conduct described in
subsection (1):

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(a)
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Is required as a matter of custom, ritual,
or religious practice;

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(b)
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Was consented to by the minor who was
subjected to female genital mutilation; or

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(c)
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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.

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(3)
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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:

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(a)
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Necessary to protect or preserve the
physical health of the minor;

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(b)
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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

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(c)
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Part of a gender affirming care requested
by the person to whom the care is being provided.

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(4)
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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.

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(5)
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Nothing in this section is intended to affect
any civil remedies available for a violation of this section.

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(6)
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Prohibited acts related to female genital
mutilation shall be a class B felony.

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(7)
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The statute of limitations 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.

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(8)
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For purposes of this section:

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"Female
genital mutilation" means any procedure performed for non-medical reasons
that involves the partial or total removal of, or other injury to, the external
female genitalia, including:

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(a)
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A clitoridectomy or the partial or total
removal of the clitoris, prepuce, or clitoral hood;

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(b)
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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;

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(c)
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Infibulation or the narrowing of the
vaginal opening with or without excision of the clitoris; or

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(d)
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Other procedures that are harmful to the
external female genitalia, including pricking, piercing, incising, scraping, or
cauterizing the genital area.

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"Minor"
means any person less than eighteen years old.
"

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SECTION 4.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION
5.
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New statutory material is
underscored.

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SECTION 6.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Female
Genital Mutilation; Civil Remedies; Criminal Offense

Description:

Establishes
the offense of prohibited acts of female genital mutilation of a minor and
civil remedies for victims of that offense.

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