House Study Bill 533 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to bestiality and providing penalties. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5424YC (3) 90 as/js

H.F. _____ Section 1. Section 717C.1, subsection 1, paragraph b, Code 1 2024, is amended to read as follows: 2 b. “Sex act” means any sexual contact between a person and 3 an animal by penetration of the penis into the vagina or anus, 4 contact between the mouth and genitalia, or by contact between 5 the genitalia of one and the genitalia or anus of the other. 6 of the following conduct that is not an accepted veterinary 7 medical practice, an accepted animal husbandry practice that 8 provides care for animals, an accepted practice related to the 9 insemination of animals for the purpose of procreation, or an 10 accepted practice related to conformation judging: 11 (1) An act between a person and an animal involving physical 12 contact between the sex organ, genitals, or anus of one and the 13 mouth, sex organ, genitals, or anus of the other. 14 (2) Any touching or fondling by a person, either directly 15 or through clothing, of the sex organ, genitals, or anus of 16 an animal or any insertion, however slight, of any part of a 17 person’s body or any object into the vaginal or anal opening 18 of an animal. 19 (3) Any insertion, however slight, of any part of an 20 animal’s body into the vaginal or anal opening of a person. 21 (4) Advertising, offering, selling, transferring, 22 purchasing, or otherwise obtaining an animal with the intent 23 that the animal be used for sexual contact in this state. 24 (5) Organizing, promoting, conducting, or participating 25 as an observer of an act involving conduct described in 26 subparagraph (1), (2), or (3). 27 (6) Permitting conduct described in subparagraph (1), (2), 28 or (3) to occur in any premises under the person’s ownership 29 or control. 30 (7) Photographing or filming obscene material, as defined 31 in section 728.1, depicting a person engaging in conduct 32 described in subparagraph (1), (2), or (3). 33 (8) Distributing, selling, publishing, or transmitting 34 obscene material, as defined in section 728.1, depicting a 35 -1- LSB 5424YC (3) 90 as/js 1/ 4

H.F. _____ person engaged in conduct described in subparagraph (1), (2), 1 or (3). 2 (9) Possessing with the intent to distribute, sell, 3 publish, or transmit obscene material, as defined in section 4 728.1, depicting a person engaged in conduct described in 5 subparagraph (1), (2), or (3). 6 (10) Forcing, coercing, enticing, or encouraging a minor to 7 engage in conduct described in subparagraph (1), (2), or (3). 8 Sec. 2. Section 717C.1, subsection 2, Code 2024, is amended 9 to read as follows: 10 2. a. A person who performs a sex act with an animal is 11 guilty of an aggravated misdemeanor. 12 b. A person who commits a second or subsequent violation of 13 this section is guilty of a class “D” felony. 14 c. A person previously convicted of a violation of section 15 717B.2, 717B.3, 717B.3A, or 717B.3B who commits a violation of 16 this section is guilty of a class “D” felony. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to bestiality. 21 Under current law, a person who performs a sex act with an 22 animal is guilty of an aggravated misdemeanor. Current law 23 defines “sex act” as any sexual contact between a person and 24 an animal by penetration of the penis into the vagina or anus, 25 contact between the mouth and genitalia, or by contact between 26 the genitalia of one and the genitalia or anus of the other. 27 The bill provides that a “sex act” includes the following 28 conduct that is not an accepted veterinary medical practice, 29 an accepted animal husbandry practice that provides care for 30 animals, an accepted practice related to the insemination 31 of animals for the purpose of procreation, or an accepted 32 practice related to conformation judging: an act between a 33 person and an animal involving physical contact between the 34 sex organ, genitals, or anus of one and the mouth, sex organ, 35 -2- LSB 5424YC (3) 90 as/js 2/ 4

H.F. _____ genitals, or anus of the other; any touching or fondling by 1 a person, either directly or through clothing, of the sex 2 organ, genitals, or anus of an animal or any insertion, however 3 slight, of any part of a person's body or any object into the 4 vaginal or anal opening of an animal; any insertion, however 5 slight, of any part of an animal’s body into the vaginal or 6 anal opening of a person; advertising, offering, selling, 7 transferring, purchasing, or otherwise obtaining an animal with 8 the intent that the animal be used for sexual contact in this 9 state; organizing, promoting, conducting, or participating 10 as an observer of an act involving a sex act with an animal; 11 permitting a sex act with an animal to occur in any premises 12 under the person’s ownership or control; photographing or 13 filming obscene material depicting a person engaging in a 14 sex act with an animal; distributing, selling, publishing, 15 or transmitting obscene material depicting a person engaged 16 in a sex act with an animal; possessing with the intent 17 to distribute, sell, publish, or transmit obscene material 18 depicting a person engaged in a sex act with an animal; or 19 forcing, coercing, enticing, or encouraging a minor to engage 20 in a sex act with an animal. 21 The bill provides that a person who performs a sex act with 22 an animal is guilty of an aggravated misdemeanor. A second 23 or subsequent violation is a class “D” felony. A person 24 who was previously convicted of a violation of Code section 25 717B.2 (animal abuse), 717B.3 (animal neglect), or 717B.3A 26 (animal torture), or 717B.3B (animal mistreatment) who commits 27 bestiality is guilty of a class “D” felony. An aggravated 28 misdemeanor is punishable by confinement for no more than two 29 years and a fine of at least $855 but not more than $8,540. A 30 class “D” felony is punishable by confinement for no more than 31 five years and a fine of at least $1,025 but not more than 32 $10,245. 33 Current law also requires a person convicted of bestiality 34 to submit to a psychological evaluation and treatment at the 35 -3- LSB 5424YC (3) 90 as/js 3/ 4

H.F. _____ person’s expense, in addition to any sentence authorized by 1 law. 2 -4- LSB 5424YC (3) 90 as/js 4/ 4