Protect Children’s Innocence Act
The Protect Children’s Innocence Act would amend 18 U.S.C. §116 to criminalize genital and bodily mutilation of minors and chemical castration, with penalties of up to 10 years in prison and fines. It targets acts described as genital or bodily mutilation and chemical castration performed on a minor, including related actions concerning female genital mutilation (FGM). The bill covers acts that involve interstate or foreign commerce, communications, travel, or other federal jurisdiction triggers, and it makes it clear that religious justifications or prosecutions of victims are not defenses. The act also sets out a broad definition of what counts as “genital or bodily mutilation,” which includes many gender-affirming surgical procedures, while providing medical-necessity exceptions and other exemptions. Overall, the bill aims to deter and punish procedures on minors that fall outside narrowly defined medical necessity, especially those linked to gender transitions or FGM, and to restrict certain types of care unless explicitly allowed by the statute.
Key Points
- 1Creates new offenses under Section 116 for:
- 2- Genital or bodily mutilation of a minor.
- 3- Chemical castration of a minor.
- 4- Facilitating or transporting a minor for female genital mutilation (FGM).
- 5- All offenses carry up to 10 years in prison and fines, with federal jurisdiction under specified circumstances.
- 6Jurisdictional triggers (subsection d) include:
- 7- Travel or use of interstate/foreign channels in connection with the offense.
- 8- Payments or communications across state lines.
- 9- Use of interstate or foreign commerce or its facilities.
- 10- Offenses occurring in or affecting interstate/foreign commerce or in U.S. territories.
- 11Prohibits religious defenses and prohibits prosecuting the victim:
- 12- It shall not be a defense that FGM is needed for religious reasons.
- 13- No person who has undergone mutilation or chemical castration may be prosecuted under this section.
- 14Exceptions (genital/bodily mutilation or chemical castration not a crime):
- 15- Medical necessity-by-licensed practitioner.
- 16- FGM performed in labor or shortly after birth for medical purposes by licensed personnel.
- 17- Health, not mental distress, defines a minor’s health for these purposes.
- 18Exemptions for particular cases (not a violation):
- 19- Interventions for individuals with certain intersex conditions or genetic/biochemical abnormalities.
- 20- Situations where a physician certifies imminent danger to major bodily function if not performed.
- 21- Precocious puberty treatment to normalize puberty (within specified limits).
- 22Broad definitions (Section 2(a)(h)):
- 23- Genital or bodily mutilation includes FGM and a wide range of surgeries intended to alter sex characteristics (including castration, various organ removals, and many gender-affirming procedures).
- 24- Chemical castration includes puberty blockers and hormone therapies given at non-typical doses for the purposes described.
- 25- Biological sex, male, female, and “minor” definitions tailored to the statute.
- 26- Female genital mutilation defined with common categories (clitoridectomy, excision, infibulation, and related harmful procedures).
- 27Clerical update: The table of sections in Title 18 is amended to reflect the new section 116.
- 28Definitions of medical scenarios and exclusions are designed to limit the bill’s reach to non-medically necessary or non-exempt cases.