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Florida Statute 794.08 | Lawyer Caselaw & Research
F.S. 794.08 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 794.08

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 794
SEXUAL BATTERY
View Entire Chapter
F.S. 794.08
794.08 Female genital mutilation.
(1) As used in this section, the term “female genital mutilation” means the circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of a female person.
(2) A person who knowingly commits, or attempts to commit, female genital mutilation upon a female person younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who knowingly removes, or causes or permits the removal of, a female person younger than 18 years of age from this state for purposes of committing female genital mutilation commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person who is a parent, a guardian, or in a position of familial or custodial authority to a female person younger than 18 years of age and who knowingly consents to or permits the female genital mutilation of that female person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) This section does not apply to procedures performed by or under the direction of a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a registered nurse licensed under part I of chapter 464, a practical nurse licensed under part I of chapter 464, an advanced practice registered nurse licensed under part I of chapter 464, a midwife licensed under chapter 467, or a physician assistant licensed under chapter 458 or chapter 459 when necessary to preserve the physical health of a female person. This section also does not apply to any autopsy or limited dissection conducted pursuant to chapter 406.
(6) Consent of a female person younger than 18 years of age or the consent of a parent, guardian, or person who is in a position of familial or custodial authority to the female person younger than 18 years of age is not a defense to the offense of female genital mutilation.
History.s. 1, ch. 2007-245; s. 82, ch. 2018-106.

F.S. 794.08 on Google Scholar

F.S. 794.08 on Casetext

Amendments to 794.08


Arrestable Offenses / Crimes under Fla. Stat. 794.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

S794.08 2 - CRIMES AGAINST PERSON - FEMALE GENITAL MUTILATION YOUNGER THAN 18 - F: F
S794.08 3 - CRIMES AGAINST PERSON - REMOVE FROM STATE FOR GENITAL MUTILATION - F: S
S794.08 4 - CRIMES AGAINST PERSON - PARENT GUARDIAN CONSENT TO GENITAL MUTILATION - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

THE FLORIDA STAR v. B. J. F., 491 U.S. 524 (U.S. 1989)

. . . verdict on the issue of negligence, finding the newspaper per se negligent based upon its violation of § 794.08 . . .