(1) A person commits the crime of female genital mutilation if they:

(a) Knowingly circumcise, excise or infibulate the whole or any part of the labia majora, labia minora or clitoris of a child OR

(b) Are the parent, guardian or other person legally responsible for the care or custody of a child and knowingly allow the circumcision, excision or infibulation of the whole or any part of the child's labia majora, labia minora or clitoris.

(2) Female genital mutilation is a Class B felony.

(3)(a) A person who circumcises, excises or infibulates the whole or any part of a child's labia majora, labia minora or clitoris does not violate subsection (1) of this section if:

(A) The person is a physician, licensed to practice in this state AND

(B) The surgery is medically necessary for the physical well-being of the child.

(b) In determining medical necessity for purposes of paragraph (a)(B), a person may not consider the effect on the child of the child's belief that the surgery is required as a matter of custom or ritual