SF 2180 (LSB 5424SV (3) 90)

SENATE FILE 2180

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 2018)

A BILL FOR

An Act relating to bestiality and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 717C.1, subsection 1, paragraph b, Code 2024, is amended to read as follows:
   b.  “Sex act” means any sexual contact between a person and an animal by penetration of the penis into the vagina or anus, contact between the mouth and genitalia, or by contact between the genitalia of one and the genitalia or anus of the other. of the following conduct that is not the practice of veterinary medicine as defined in section 169.3, subsection 13, an accepted livestock management practice as defined in section 169.3, subsection 1, an accepted practice related to the insemination of animals for the purpose of procreation, or an accepted practice related to conformation judging:
   (1)  An act between a person and an animal involving physical contact between the sex organ, genitals, or anus of one and the mouth, sex organ, genitals, or anus of the other.
   (2)  Any touching or fondling by a person, either directly or through clothing, of the sex organ, genitals, or anus of an animal or any insertion, however slight, of any part of a person’s body or any object into the vaginal or anal opening of an animal, except for veterinarian-advised care of the animal.
   (3)  Any insertion, however slight, of any part of an animal’s body into the vaginal or anal opening of a person.
   (4)  Advertising, offering, selling, transferring, purchasing, or otherwise obtaining an animal with the intent that the animal be used for sexual contact in this state.
   (5)  Organizing, promoting, conducting, or participating as an observer of an act involving a sex act with an animal.
   (6)  Knowingly permit a sex act with an animal to be conducted on any premises under the person’s ownership or control.
   (7)  Photographing or filming obscene material depicting a person engaged in sexual contact with an animal.
   (8)  Distributing, selling, publishing, or transmitting obscene material depicting a person engaged in sexual contact with an animal.
   (9)  Possessing with the intent to distribute, sell, publish, or transmit obscene material depicting a person engaged in a sex act with an animal.
   (10)  Forcing, coercing, enticing, or encouraging a minor to engage in a sex act with an animal.
   (11)  Engaging in a sex act with an animal in the presence of a minor.
    Sec. 2.  Section 717C.1, subsection 2, Code 2024, is amended to read as follows:
   2.  A person who performs a sex act with an animal is guilty of an aggravated misdemeanor.  A person who commits a violation of this section is guilty of a class “D” felony if the person has previously been convicted of a violation of this section, or if the person has previously been convicted of committing animal neglect, animal abuse, or animal torture as defined in chapter 717B.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to bestiality.
   Under current law, a person who performs a sex act with an animal is guilty of an aggravated misdemeanor. Current law defines “sex act” as any sexual contact between a person and an animal by penetration of the penis into the vagina or anus, contact between the mouth and genitalia, or by contact between the genitalia of one and the genitalia or anus of the other.
   The bill provides that a “sex act” includes the following conduct that is not the practice of veterinary practice, an accepted livestock management practice that provides care for animals, an accepted practice related to the insemination of animals for the purpose of procreation, or an accepted practice related to conformation judging: an act between a person and an animal involving physical contact between the sex organ, genitals, or anus of one and the mouth, sex organ, genitals, or anus of the other; any touching or fondling by a person, either directly or through clothing, of the sex organ, genitals, or anus of an animal or any insertion, however slight, of any part of a person’s body or any object into the vaginal or anal opening of an animal except for veterinarian-advised care; any insertion, however slight, of any part of an animal’s body into the vaginal or anal opening of a person; advertising, offering, selling, transferring, purchasing, or otherwise obtaining an animal with the intent that the animal be used for sexual contact in this state; organizing, promoting, conducting, or participating as an observer of an act involving a sex act with an animal; permitting a sex act with an animal to occur in any premises under the person’s ownership or control; photographing or filming obscene material depicting a person engaging in a sex act with an animal; distributing, selling, publishing, or transmitting obscene material depicting a person engaged in a sex act with an animal; possessing with the intent to distribute, sell, publish, or transmit obscene material depicting a person engaged in a sex act with an animal; or forcing, coercing, enticing, or encouraging a minor to engage in a sex act with an animal.
   The bill provides that a person who performs a sex act with an animal is guilty of an aggravated misdemeanor. A second or subsequent violation is a class “D” felony. A person who was previously convicted of a violation of Code section 717B.2 (animal abuse), 717B.3 (animal neglect), or 717B.3A (animal torture) who commits bestiality is guilty of a class “D” felony. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   Current law also requires a person convicted of bestiality to submit to a psychological evaluation and treatment at the person’s expense, in addition to any sentence authorized by law.