Text: SSB01164 Text: SSB01166 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 717C.1 BESTIALITY.
1 2 1. For purposes of this section:
1 3 a. "Animal" means any nonhuman vertebrate, either dead or
1 4 alive.
1 5 b. "Sex act" means any sexual contact between a person and
1 6 an animal by penetration of the penis into the vagina or anus,
1 7 contact between the mouth and genitalia, or by contact between
1 8 the genitalia of one and the genitalia or anus of the other.
1 9 2. A person who performs or attempts to perform, or
1 10 coerces or attempts to coerce another person to perform or to
1 11 attempt to perform a sex act with an animal, is guilty of a
1 12 class "D" felony, except as provided in subsections 3 and 4.
1 13 3. A person who violates subsection 2 in the physical
1 14 presence of a minor is guilty of a class "C" felony.
1 15 4. A person who violates subsection 2 and in doing so
1 16 causes the death of the animal is guilty of a class "C"
1 17 felony.
1 18 5. Upon a conviction for a violation of this section, and
1 19 in addition to any sentence authorized by law, the court may
1 20 also order any of the following:
1 21 a. Prohibit the person from residing in the same home
1 22 where animals are present for a period not to exceed two
1 23 years.
1 24 b. Permanently forfeit, as provided by chapter 809A, any
1 25 animal residing in the person's home to an animal shelter as
1 26 defined in section 162.2 or to any other organization or
1 27 person who the court finds will humanely treat the animal, and
1 28 to pay all costs for the care and treatment of such animal.
1 29 c. Require the person to pay all costs for the care and
1 30 treatment of any animal involved in a violation of this
1 31 section.
1 32 d. Require the person to submit to a psychological
1 33 evaluation and treatment at the person's expense.
1 34 Sec. 2. Section 809A.4, Code 2001, is amended by adding
1 35 the following new subsection:
2 1 NEW SUBSECTION. 4A. All animals involved in conduct
2 2 giving rise to forfeiture under section 717C.1.
2 3 EXPLANATION
2 4 This bill creates the new criminal offense of bestiality.
2 5 The bill provides that a person who performs or attempts to
2 6 perform, or coerces or attempts to coerce another person to
2 7 perform, a sex act with an animal commits a class "D" felony.
2 8 A person commits a class "C" felony if the person commits a
2 9 violation of the bill in the presence of a minor or the
2 10 violation causes the death of the animal.
2 11 The bill generally defines "sex act" to mean any sexual
2 12 contact between a person and an animal by penetration of the
2 13 penis into the vagina or anus, contact between the mouth and
2 14 genitalia, or by contact between the genitalia of one and the
2 15 genitalia or anus of the other.
2 16 The bill defines "animal" to mean any nonhuman vertebrate
2 17 either dead or alive.
2 18 In addition to any sentence authorized by law, the bill
2 19 permits the court to prohibit the person from residing with
2 20 animals for a period not to exceed two years, forfeit any
2 21 animal currently residing in the person's home, and submit to
2 22 a psychological evaluation and treatment. The bill also
2 23 provides that the court may assess the costs in the care or
2 24 treatment of an animal involved in a violation of the bill.
2 25 A class "C" felony is punishable by confinement for no more
2 26 than 10 years and a fine of at least $1,000 but not more than
2 27 $10,000. A class "D" felony is punishable by confinement for
2 28 no more than five years and a fine of at least $750 but not
2 29 more than $7,500.
2 30 LSB 2547XC 79
2 31 jm/cls/14
Text: SSB01164 Text: SSB01166 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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