HB2448

SECTION 1. 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. 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. 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.

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.

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

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

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

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

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

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:

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

(a) Performs female genital mutilation on a minor;

(b) 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

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

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

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

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

(c) 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.

(3) 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:

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

(b) 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

(4) 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.

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

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

(7) 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.

(8) For purposes of this section:

"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:

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

(b) 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;

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

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

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

SECTION 5. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2448
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII