This Act establishes federal criminal penalties for performing or attempting to perform genital or bodily mutilation or chemical castration on minors, with specific medical exceptions.
Marjorie Greene
Representative
GA-14
The Protect Children’s Innocence Act establishes federal penalties, including imprisonment, for knowingly performing genital or bodily mutilation or chemical castration on individuals under the age of 18. This law applies when interstate commerce is involved in the act, communication, or payment for the procedure. It explicitly prohibits religious or customary defenses for female genital mutilation and details specific medical exceptions, such as procedures necessary for a minor's immediate health. The bill defines the prohibited procedures broadly, covering female genital mutilation and surgeries intended to alter a minor's body to correspond with a different sex.
New Federal Bill Criminalizes Gender-Affirming Care for Minors, Threatens Doctors with 10 Years in Prison
The newly introduced Protect Children’s Innocence Act aims to create new federal felony offenses related to medical procedures performed on minors. Essentially, this bill makes it a federal crime, punishable by up to 10 years in prison and heavy fines, to knowingly perform or attempt to perform "genital or bodily mutilation" or "chemical castration" on anyone under 18 years old. The federal government can jump in and prosecute these acts if the procedure involves crossing state lines, using interstate banking for payment, or even sending an email about the procedure across state lines.
The Fine Print: What Counts as 'Mutilation'?
This is where the bill gets specific—and controversial. While the Act targets procedures like female genital mutilation (FGM), it defines "genital or bodily mutilation" much more broadly. It includes any surgery intended to change the body to match a sex different from the person’s biological sex at birth. The list is extensive, covering procedures like hysterectomies, phalloplasties, and mastectomies, as well as giving puberty blockers or cross-sex hormones (defined as "chemical castration") to minors. For parents and doctors currently navigating gender-affirming care, this bill turns established medical treatment into a federal felony offense.
The Medical Loophole That Isn't
The bill does offer narrow medical exemptions. A procedure is allowed if it is "absolutely necessary for the minor’s health" and performed by a licensed practitioner. However, the bill immediately slams the door shut on many cases by explicitly stating that the "health of a minor" does not include addressing mental, behavioral, or emotional distress or disorders. This means if a doctor recommends puberty blockers or hormone therapy for a minor struggling with severe gender dysphoria—a condition often associated with high rates of depression and self-harm—that medical necessity defense is wiped out. The only way out is if the procedure treats an established intersex condition (like having both ovarian and testicular tissue) or is needed to prevent "imminent danger to a major bodily function."
Impact on Families and Healthcare
This legislation criminalizes medical decisions made by parents and doctors, putting those families and providers directly in the crosshairs of federal law enforcement. Imagine being a parent who has consulted with specialists and decided that hormone therapy is the best, most life-saving treatment for your teenager; this bill would classify that decision and the doctor who carries it out as criminals facing serious jail time. For medical professionals, the threat of a 10-year prison sentence for following established medical guidelines will likely create a massive chilling effect, causing them to cease offering this care entirely, regardless of the patient's need. This effectively ends access to gender-affirming care for minors nationwide, even if state laws allow it, because of the broad reach of federal jurisdiction.