SECTION 1. That Section 18-1506B, Idaho Code, be, and the same is hereby amended to read as follows:
18-1506B. FEMALE GENITAL MUTILATION OF A CHILD -- EXCLUSIONS -- PENALTIES -- DEFINITION. (1) Except as provided in subsection (4)(3) of this section, whoever knowingly authorizes or commits any procedure that circumcises, excises, or infibulates the whole or any part of the -,-, or - of a child shall be guilty of a felony.
Female child protection(2) Except as provided in subsection (4) of this section, whoever knowingly gives permission for, or permits on a child, any act prohibited by sub section (1) of this section shall be guilty of a felony.
(3) Except as provided in subsection (4) of this section, whoever knowingly removes or causes, permits, or facilitates the removal of a child from this state for the purpose of facilitating any act prohibited by subsection (1) of this section shall be guilty of a felony. Struck from the bill(2) Except as provided in subsection (4) of this section, any medical practitioner who knowingly engages in any of the following practices upon a child for the purpose of attempting to alter the appearance of or affirm the child's perception of the child's s.ex if that perception is inconsistent with the child's biological s.ex shall be guilty of a felony: (a) Performing surgeries that sterilize or mutilate, or artificially construct tissue with the appearance of g.enitalia that differs from the
child's biological s.ex, including c.astration, v.asectomy, h.ysterectomy, o.ophorectomy, m.etoidioplasty, o.rchiectomy, p.enectomy, p.halloplasty, c.litoroplasty, v.aginoplasty, v.ulvoplasty, o.variectomy, or
reconstruction of the fixed part of the u.rethra with or without m.etoidioplasty, p.halloplasty, s.crotoplasty, or the implantation of e.rection or t.esticular prostheses; (b) Performing a m.astectomy; (c) Administering or supplying the following medications that induce profound morphologic changes in the g.enitals of a child or induce transient or permanent infertility: (i) Puberty-blocking medication to stop or delay normal puberty;(ii) Supraphysiological doses of t.estosterone to a female; or (iii) Supraphysiological doses of e.strogen to a male; or (d) Removing any otherwise healthy or nondiseased body part or tissue.(4) (3) A surgical operation or medical intervention shall not be a violation of this section if the operation or intervention is: (a) Necessary to the health of the person on whom it is performed and is performed by a person licensed in the place of its performance as a medical practitioner, except that a medical intervention that results in
the impairment and mutilation of the reproductive organs and parts of a child is never necessary to the health of the child on whom it is performed if it is for the sole purpose of attempting to alter the appearance of or affirm the child's perception of the child's s.ex if that perception is inconsistent with the child's biological s.ex; or (b) Performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife. (4) The provisions of subsection (2) of this section shall not apply to a person acting in accordance with the good faith medical decision of a parent or guardian of a child born with a medically verifiable genetic disorder of s.ex development, including: (a) A child with external biological s.ex characteristics that are ambiguous and irresolvable, such as a child born having 46, XX chromosomes with v.irilization, 46, XY chromosomes with u.ndervirilization, or with both o.varian and t.esticular tissue; (b) When a physician has otherwise diagnosed a disorder of s.exual development in which the physician has determined through genetic testing that the child does not have the normal s.ex chromosome structure, s.ex steroid hormone production, or s.ex steroid hormone action for a male or female; or (c) The treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by the performance of gender transition procedures, whether or not the procedures were performed in accordance with state and federal law. (5) In applying subsection (4)(3)(a) of this section, no account shall be taken of the effect on the person on whom the operation is to be performed or any belief on the part of that person, or any other person, that the operaion is required as a matter of custom or ritual.
(6) Any person convicted of a violation of this section shall be guilty of a felony and shall be imprisoned in the state prison for a term of not more
than
life ten (10) years. (7) For the purposes of this section, "child" means any person under eighteen (18) years of age.
(
For the purposes of this section, "s.ex" means the immutable biological and physiological characteristics, specifically the c.hromosomes and internal and external reproductive anatomy, genetically determined at conception and generally recognizable at birth, that define an individual as male or female.