CJI2d[NY] Penal Law former § 130.85(1)(b)

The (specify) count is Female Genital Mutilation.

Under our law, a person is guilty of female genital mutilation when being a parent, guardian or other person legally responsible and charged with the care or custody of a child less than eighteen years old, he or she knowingly consents to the circumcision, excision or infibulation of whole or part of such child's labia majora or labia minora or clitoris.¹

The following term used in that definition has a special meaning:

A person KNOWINGLY consents to the circumcision, excision or infibulation of whole or part of a child's labia majora or labia minora or clitoris when that person is aware that he or she is consenting to such circumcision, excision or infibulation.²

Under our law, knowledge by the defendant of the age of the child is not an element of this crime, and it is not a defense to a prosecution for this crime that the defendant did not know the age of the child or believed such age to be eighteen or greater.³

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following four elements:

1. That on or about (date) , in the county of (county) , the defendant, (defendant's name), was the parent, guardian or other person legally responsible and charged with the care or custody of (specity);

2. That (specify) was a child less than eighteen years old;

3. That the defendant consented to the circumcision, excision or infibulation of whole or part of such child's labia majora or labia minora or clitoris; and

4. That the defendant did so knowingly.

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.