Public Act 90-0088 of the 90th General Assembly
Public Act 90-0088
HB0106 Enrolled LRB9000925RCsb
AN ACT to amend the Criminal Code of 1961 by changing
Sections 12-32 and 12-33 and adding Section 12-34.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Sections 12-32 and 12-33 and adding Section 12-34 as
follows:
(720 ILCS 5/12-32) (from Ch. 38, par. 12-32)
Sec. 12-32. Ritual Mutilation.
(a) A person commits the offense of ritual mutilation,
when he or she mutilates, dismembers or tortures another
person as part of a ceremony, rite, initiation, observance,
performance or practice, and the victim did not consent or
under such circumstances that the defendant knew or should
have known that the victim was unable to render effective
consent.
(b) Sentence. Ritual mutilation is a Class 2 felony.
(c) The offense ritual mutilation does not include the
practice of male circumcision or a ceremony, rite,
initiation, observance, or performance related thereto.
(Source: P.A. 86-864; 86-1028.)
(720 ILCS 5/12-33) (from Ch. 38, par. 12-33)
Sec. 12-33. Ritualized abuse of a child.
(a) A person is guilty of ritualized abuse of a child
when he or she commits any of the following acts with, upon,
or in the presence of a child as part of a ceremony, rite or
any similar observance:
(1) actually or in simulation, tortures, mutilates,
or sacrifices any warm-blooded animal or human being;
(2) forces ingestion, injection or other
application of any narcotic, drug, hallucinogen or
anaesthetic for the purpose of dulling sensitivity,
cognition, recollection of, or resistance to any criminal
activity;
(3) forces ingestion, or external application, of
human or animal urine, feces, flesh, blood, bones, body
secretions, nonprescribed drugs or chemical compounds;
(4) involves the child in a mock, unauthorized or
unlawful marriage ceremony with another person or
representation of any force or deity, followed by sexual
contact with the child;
(5) places a living child into a coffin or open
grave containing a human corpse or remains;
(6) threatens death or serious harm to a child, his
or her parents, family, pets, or friends that instills a
well-founded fear in the child that the threat will be
carried out; or
(7) unlawfully dissects, mutilates, or incinerates
a human corpse.
(b) The provisions of this Section shall not be
construed to apply to:
(1) lawful agricultural, animal husbandry, food
preparation, or wild game hunting and fishing practices
and specifically the branding or identification of
livestock;
(2) the lawful medical practice of male
circumcision or any ceremony related to male
circumcision;
(3) any state or federally approved, licensed, or
funded research project; or
(4) the ingestion of animal flesh or blood in the
performance of a religious service or ceremony.
(c) Ritualized abuse of a child is a Class 1 felony for
a first offense. A second or subsequent conviction for
ritualized abuse of a child is a Class X felony for which the
offender may be sentenced to a term of natural life
imprisonment.
(d) For the purposes of this Section, "child" means any
person under 18 years of age.
(Source: P.A. 87-1167.)
(720 ILCS 5/12-34 new)
Sec. 12-34. Female genital mutilation.
(a) Except as otherwise permitted in subsection (b),
whoever knowingly circumcises, excises, or infibulates, in
whole or in part, the labia majora, labia minora, or clitoris
of another commits the offense of female genital mutilation.
Consent to the procedure by a minor on whom it is performed
or by the minor's parent or guardian is not a defense to a
violation of this Section.
(b) A surgical procedure is not a violation of
subsection (a) if the procedure:
(1) is necessary to the health of the person on
whom it is performed and is performed by a physician
licensed to practice medicine in all of its branches; or
(2) is performed on a person who is in labor or who
has just given birth and is performed for medical
purposes connected with that labor or birth by a
physician licensed to practice medicine in all of its
branches.
(c) Sentence. Female genital mutilation is a Class X
felony.