s. 33 33 Offence to take a person from the State with the New s. 33 intention of having prohibited female genital inserted by No. 46/1996 mutilation performed s. 4. (1) A person must not take another person from the S. 33(1) amended by State, or arrange for another person to be taken No. 48/1997 from the State, with the intention of having s. 60(1)(Sch. 1 item 18). prohibited female genital mutilation performed on the other person. Level 4 imprisonment (15 years maximum). (2) In proceedings for an offence under subsection S. 33(2) amended by (1), proof that— No. 68/2009 s. 97(Sch. item 40.2). (a) the accused took the person, or arranged for S. 33(2)(a) amended by the person to be taken from the State; and No. 68/2009 s. 97(Sch. item 40.2). (b) the person was subjected, while outside the State, to prohibited female genital mutilation— is, in the absence of proof to the contrary, proof that the accused took the person or arranged for the person to be taken from the State with the intention of having prohibited female genital mutilation performed on the person. 34 Consent not a defence to a charge under sections 32 New s. 34 inserted by or 33 No. 46/1996 s. 4. It is not a defence to a charge brought under section 32 or 33 to prove that the person on whom the act which is the subject of the charge was performed, or the parents or guardian of that person, consented to the performance of that act.
New s. 33 inserted by No. 46/1996 s. 4. 33 Offence to take a person from the State with the intention of having prohibited female genital mutilation performed S. 33(1) amended by No. 48/1997 s. 60(1)(Sch. 1 item 18). s. 33 (1) A person must not take another person from the State, or arrange for another person to be taken from the State, with the intention of having prohibited female genital mutilation performed on the other person. Level 4 imprisonment (15 years maximum). S. 33(2) amended by No. 68/2009 s. 97(Sch. item 40.2). (2) In proceedings for an offence under subsection (1), proof that— S. 33(2)(a) amended by No. 68/2009 s. 97(Sch. item 40.2). (a) the accused took the person, or arranged for the person to be taken from the State; and (b) the person was subjected, while outside the State, to prohibited female genital mutilation— is, in the absence of proof to the contrary, proof that the accused took the person or arranged for the person to be taken from the State with the intention of having prohibited female genital mutilation performed on the person. New s. 34 inserted by No. 46/1996 s. 4. 34 Consent not a defence to a charge under sections 32 or 33 It is not a defence to a charge brought under section 32 or 33 to prove that the person on whom the act which is the subject of the charge was performed, or the parents or guardian of that person, consented to the performance of that act.
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