House File 2318 - Introduced HOUSE FILE 2318 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 533) 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 5424HV (2) 90 as/js

H.F. 2318 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. of 6 the following conduct that is not the practice of veterinary 7 medicine under section 169.3, subsection 13, an accepted animal 8 husbandry livestock management practice under section 169.3, 9 subsection 1, an accepted practice related to the insemination 10 of animals for the purpose of procreation, or an accepted 11 practice related to conformation judging: 12 (1) An act between a person and an animal involving physical 13 contact between the sex organ, genitals, or anus of one and the 14 mouth, sex organ, genitals, or anus of the other. 15 (2) Any touching or fondling by a person, either directly 16 or through clothing, of the sex organ, genitals, or anus of 17 an animal or any insertion, however slight, of any part of a 18 person’s body or any object into the vaginal or anal opening of 19 an animal except for veterinarian advised care of the animal. 20 (3) Any insertion, however slight, of any part of an 21 animal’s body into the vaginal or anal opening of a person. 22 (4) Advertising, offering, selling, transferring, 23 purchasing, or otherwise obtaining an animal with the intent 24 that the animal be used for sexual contact in this state. 25 (5) Organizing, promoting, conducting, or participating 26 as an observer of an act involving conduct described in 27 subparagraph (1), (2), or (3). 28 (6) Knowingly permits conduct described in subparagraph 29 (1), (2), or (3) to occur in any premises under the person’s 30 ownership or control. 31 (7) Photographing or filming obscene material, as defined 32 in section 728.1, depicting a person engaging in conduct 33 described in subparagraph (1), (2), or (3). 34 (8) Distributing, selling, publishing, or transmitting 35 -1- LSB 5424HV (2) 90 as/js 1/ 4

H.F. 2318 obscene material, as defined in section 728.1, depicting a 1 person engaged in conduct described in subparagraph (1), (2), 2 or (3). 3 (9) Possessing with the intent to distribute, sell, 4 publish, or transmit obscene material, as defined in section 5 728.1, depicting a person engaged in conduct described in 6 subparagraph (1), (2), or (3). 7 (10) Forcing, coercing, enticing, or encouraging a minor to 8 engage in conduct described in subparagraph (1), (2), or (3). 9 Sec. 2. Section 717C.1, subsection 2, Code 2024, is amended 10 to read as follows: 11 2. a. A person who performs a sex act with an animal is 12 guilty of an aggravated misdemeanor. 13 b. A person who commits a second or subsequent violation of 14 this section is guilty of a class “D” felony. 15 c. A person previously convicted of a violation of section 16 717B.2, 717B.3, 717B.3A, or 717B.3B who commits a violation of 17 this section is guilty of a class “D” felony. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to bestiality. 22 Under current law, a person who performs a sex act with an 23 animal is guilty of an aggravated misdemeanor. Current law 24 defines “sex act” as any sexual contact between a person and 25 an animal by penetration of the penis into the vagina or anus, 26 contact between the mouth and genitalia, or by contact between 27 the genitalia of one and the genitalia or anus of the other. 28 The bill provides that a “sex act” includes the following 29 conduct that is not the practice of veterinary medicine, an 30 accepted animal husbandry livestock management practice, an 31 accepted practice related to the insemination of animals for 32 the purpose of procreation, or an accepted practice related to 33 conformation judging: an act between a person and an animal 34 involving physical contact between the sex organ, genitals, or 35 -2- LSB 5424HV (2) 90 as/js 2/ 4

H.F. 2318 anus of one and the mouth, sex organ, genitals, or anus of the 1 other; any touching or fondling by a person, either directly 2 or through clothing, of the sex organ, genitals, or anus of 3 an animal or any insertion, however slight, of any part of a 4 person’s body or any object into the vaginal or anal opening of 5 an animal except for veterinarian advised care of the animal; 6 any insertion, however slight, of any part of an animal’s body 7 into the vaginal or anal opening of a person; advertising, 8 offering, selling, transferring, purchasing, or otherwise 9 obtaining an animal with the intent that the animal be used 10 for sexual contact in this state; organizing, promoting, 11 conducting, or participating as an observer of an act involving 12 a sex act with an animal; knowingly permitting a sex act with 13 an animal to occur in any premises under the person’s ownership 14 or control; photographing or filming obscene material depicting 15 a person engaging in a sex act with an animal; distributing, 16 selling, publishing, or transmitting obscene material depicting 17 a person engaged in a sex act with an animal; possessing with 18 the intent to distribute, sell, publish, or transmit obscene 19 material depicting a person engaged in a sex act with an 20 animal; or forcing, coercing, enticing, or encouraging a minor 21 to engage in a sex act with an animal. 22 The bill provides that a person who performs a sex act with 23 an animal is guilty of an aggravated misdemeanor. A second 24 or subsequent violation is a class “D” felony. A person 25 who was previously convicted of a violation of Code section 26 717B.2 (animal abuse), 717B.3 (animal neglect), or 717B.3A 27 (animal torture), or 717B.3B (animal mistreatment) who commits 28 bestiality is guilty of a class “D” felony. An aggravated 29 misdemeanor is punishable by confinement for no more than two 30 years and a fine of at least $855 but not more than $8,540. A 31 class “D” felony is punishable by confinement for no more than 32 five years and a fine of at least $1,025 but not more than 33 $10,245. 34 Current law also requires a person convicted of bestiality 35 -3- LSB 5424HV (2) 90 as/js 3/ 4

H.F. 2318 to submit to a psychological evaluation and treatment at the 1 person’s expense, in addition to any sentence authorized by 2 law. 3 -4- LSB 5424HV (2) 90 as/js 4/ 4