Current through Chapter 381 of the 2024 Legislative Session
Section 644:8-g - BestialityI. A person commits bestiality by knowingly committing any of the following acts: (a) Engaging in sexual contact or sexual penetration with an animal for the purpose of sexual arousal or gratification.(b) Offering or accepting the offer of an animal for consideration with the intent that it be subject to sexual contact or sexual penetration by a human.(c) Photographing or filming or distributing such photographs or films, for the purpose of sexual arousal or gratification, of a person engaged in sexual contact or sexual penetration with an animal. II. Any person convicted of a violation of this section shall be guilty of a class A misdemeanor for a first offense and a class B felony for a second or subsequent offense.III. In addition to any other penalty imposed for a violation of this section, the court shall order that the convicted person: (a) Submit to a psychological assessment and participate in appropriate counseling at the convicted person's own expense.(b) Reimburse an animal shelter for any reasonable costs incurred for the care and maintenance of any animal that was taken to the animal shelter as a result of conduct proscribed by this section.(c) Shall not own, harbor, exercise control over, or reside in the same household with any animal for a period of time deemed reasonable by the court.IV. This section shall not apply to: (a) Accepted veterinary medical practices. (b) Insemination of animals for the purpose of procreation.(c) Accepted animal husbandry practices that provide care for animals.V. In this section: (a) "Animal" means a nonhuman mammal, bird, reptile, or amphibian, either dead or alive.(b) "Sexual contact" means any act between a person or an animal involving direct physical contact between the genitals or anus of one and the mouth, anus, or other part of the body of the other, or direct physical contact between the genitals of one and the genitals of the other, where such contact can be reasonably construed for the purpose of the person's sexual arousal or gratification.(c) "Sexual penetration" means any intrusion, however, slight, of any part of the person's or animal's body into the body of the other, or any object manipulated by the person into the body of the animal, where such penetration can be reasonably construed for the purpose of sexual arousal or gratification.Added by 2016, 321:1, eff. 1/1/2017. 2016, 321:1, eff. Jan. 1, 2017 at 12:01 a.m.