Bill Summary – FastDemocracy

Senate File 2018 - Introduced
                                  SENATE FILE 2018
                                  BY DAWSON
                            A BILL FOR
An Act relating to bestiality and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    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 an accepted veterinary
 medical practice, an accepted animal husbandry 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:
    (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.
    (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 conduct described in
 subparagraph (1), (2), or (3).
    (6) Permitting conduct described in subparagraph (1), (2),
 or (3) to occur in any premises under the person’s ownership
 or control.
    (7) Photographing or filming obscene material, as defined
 in section 728.1, depicting a person engaging in conduct
 described in subparagraph (1), (2), or (3).
    (8) Distributing, selling, publishing, or transmitting
 obscene material, as defined in section 728.1, depicting a
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                                        S.F. 2018
 person engaged in conduct described in subparagraph (1), (2),
 or (3).
    (9) Possessing with the intent to distribute, sell,
 publish, or transmit obscene material, as defined in section
 728.1, depicting a person engaged in conduct described in
 subparagraph (1), (2), or (3).
    (10) Forcing, coercing, enticing, or encouraging a minor to
 engage in conduct described in subparagraph (1), (2), or (3).
    Sec. 2. Section 717C.1, subsection 2, Code 2024, is amended
 to read as follows:
    2. a. A person who performs a sex act with an animal is
 guilty of an aggravated misdemeanor.
    b. A person who commits a second or subsequent violation of
 this section is guilty of a class “D” felony.
    c. A person previously convicted of a violation of section
 717B.2, 717B.3, 717B.3A, or 717B.3B who commits a violation of
 this section is guilty of a class “D” felony.
                           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 an accepted veterinary medical practice,
 an accepted animal husbandry 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,
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                                S.F. 2018
 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; 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), 717B.3A
 (animal torture), or 717B.3B (animal mistreatment) 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
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                             S.F. 2018
person’s expense, in addition to any sentence authorized by
law.
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Statutes affected: 
Introduced: 717C.1, 728.1