HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 435 Animal Abuse
SPONSOR(S): Judiciary Committee, Criminal Justice & Public Safety Subcommittee, Grieco and others
TIED BILLS: IDEN./SIM. BILLS: SB 420
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 17 Y, 0 N, As CS Frost Hall
2) Justice Appropriations Subcommittee 14 Y, 0 N Smith Keith
3) Judiciary Committee 19 Y, 0 N, As CS Frost Kramer
SUMMARY ANALYSIS
Psychological and criminological research has shown a link between animal cruelty and violence towards
people. Studies have indicated that individuals who commit acts of animal cruelty are three times more likely to
commit other crimes, including murder, rape, robbery, assault, harassment, threats, and drug or substance
abuse offenses. There is also a significant correlation between sexually abusing animals and committing
sexual offenses against humans. Florida currently criminalizes animal abuse in a number of ways.
Florida’s “Animal Fighting Act” prohibits specified acts relating to animal fighting and baiting, such as baiting,
breeding, training, transporting, selling, owning, possessing, or using any animal for animal fighting or baiting
and attending the fighting or baiting of animals. A violation of the Animal Fighting Act is a third degree felony,
ranked as a level one offense on the Criminal Punishment Code offense severity ranking chart (OSRC).
Section 828.126, F.S., prohibits sexual activities with animals (SAA). A person commits a first degree
misdemeanor if he or she knowingly commits SAA, by engaging in specified sexual conduct or sexual contact.
Certain accepted practices, such as animal husbandry, conformation judging, and veterinary medicine, are
excluded from criminal liability. Under s. 828.126, F.S., “sexual conduct” means any touching or fondling by a
person of an animal’s sex organs or anus or any transfer or transmission of semen by a person upon any part
of an animal for the purpose of sexual gratification or arousal of the person, and “sexual contact” means any:
Contact, however slight, between the mouth, sex organ, or anus of a person and the sex organ or anus of
an animal; or
Penetration, however slight, of any part of a person’s body into the sex organ or anus of an animal; or
Penetration of the sex organ or anus of the person into the mouth of the animal, for the purpose of sexual
gratification or sexual arousal of the person.
Because of the narrow definition of sexual conduct and sexual contact under s. 828.126, F.S., prosecutors
have been unable to charge SAA in certain cases involving oral sex with animals.
CS/CS/HB 435 amends s. 828.126, F.S., to clarify current law relating to SAA and ensure that all SAA,
including all forms of oral sex, may be prosecuted. The bill removes the definition of “sexual conduct” and
“sexual contact” and replaces them with a single comprehensive definition for “sexual contact with an animal.”
The bill also creates a new violation of SAA for filming, distributing, or possessing any pornographic image or
video of a person and an animal engaged in prohibited sexual activity, increases the criminal penalty for SAA
from a first degree misdemeanor to a third degree felony, ranks the crime as a level six offense on the OSRC,
and prohibits a person convicted of SAA from having specified contact with animals for up to five years.
The bill also increases the current offense level on the OSRC for any violation of the Animal Fighting Act from
a level one to a level six.
The bill may have a positive indeterminate impact on the number of prison beds by creating a new felony
offense and increasing the ranking on the OSRC for a current offense.
The bill provides an effective date of October 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/2/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Animal Abuse
Psychological and criminological research has shown a link between animal cruelty and violence
towards people. Studies have indicated that individuals who commit animal cruelty are three times
more likely to commit other crimes, including murder, rape, robbery, assault, harassment, threats, and
drug or substance abuse offenses .1 There may also be a significant correlation between sexually
abusing animals and committing sexual offenses against humans. The results of one study showed that
approximately 25 percent of incarcerated violent offenders admitted they had engaged in animal
cruelty. Another study found that a history of sexually abusing animals was the single greatest factor in
predicting future child sexual abuse and sexual offenses against humans in general.2 According to the
International Journal of Law and Psychiatry, engaging in animal cruelty, sex with animals, and sexual
assault or rape all suggest a preference for abusing those who are unable to refuse or resist. 3
Recognizing this correlation, Florida currently criminalizes animal abuse in a number of ways, under ch.
828, F.S.
Animal Cruelty
Under Florida law, a person commits animal cruelty, a first degree misdemeanor, 4 if he or she:
Unnecessarily overloads, overdrives, torments,5 mutilates, or kills an animal;
Deprives an animal of necessary sustenance or shelter;
Causes any of the above to be done to an animal; or
Carries an animal in or upon a vehicle, or otherwise, in a cruel or inhumane manner. 6
A person commits aggravated animal cruelty, a third degree felony,7 by intentionally committing an act
on an animal – or failing to act if the person owns and has custody and control of the animal – and such
action or omission: results in the cruel death of the animal or the excessive or repeated infliction of
unnecessary pain or suffering on the animal; or causes the same to be done to the animal. 8
If a person is convicted of aggravated animal cruelty and the violation is found to include the knowing
and intentional torture or torment of an animal that injures, mutilates, or kills the animal,9 he or she must
pay a minimum fine of $2,500 and complete psychological counseling or anger management for a first
conviction.10 If a person is convicted of any offense of aggravated animal cruelty a second or
subsequent time, he or she must pay a minimum fine of $5,000, must be sentenced to at least six
months of incarceration, and is ineligible for any form of early release, including gain time. 11 Aggravated
1 Scott A. Johnson, Animal cruelty, pet ab use & violence: the missed dangerous connection , Forensic Research & Criminology
International Journal (Nov. 20, 2018), https://medcraveonline.com/FRCIJ/FRCIJ-06-00236.pdf (last visited Feb. 1, 2022).
2 Id. at 409.
3
Id.
4 A first degree misdemeanor is punishable by up to one year in county jail and a $1,000 fine. Ss. 775.082 and 775.083, F.S. If a person
is convicted of animal cruelty, he or she may be punished by a sentence of up to one year in county jail and a $1,000 fine or by a fine of
not more than $5,000, or both. S. 828.12(1), F.S.
5 The terms “cruelty,” “torture,” “torment” and a “cruel manner” include every act, omission, or neglect whereby unnecessary or
unjustifiable pain or suffering is caused, except when done in the interest of medical science, permitted, or allowed to cont inue when
there is reasonable remedy or relief. S. 828.02, F.S. See also Fla. Std. Jury Instr. (Crim.) 29.13.
6 S. 828.12(1), F.S.
7 A third degree felony is punishable by up to five years in prison and a $5,000 fine. Ss. 775.082 and 775.083, F.S.
8 S. 828.12(2), F.S.
9 Fla. Std. Jury Instr. (Crim.) 29.13.
10 S. 828.12(2)(a), F.S.
11 S. 828.12(2)(b), F.S.
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animal cruelty is ranked as a level five offense on the Criminal Punishment Code offense severity
ranking chart (OSRC).
In addition to any other applicable penalties, a person who is convicted of animal cruelty or aggravated
animal cruelty may be prohibited from owning, possessing, keeping, harboring, or having custody or
control over any animal for a period of time determined by the court. 12
Fighting or Baiting Animals
Section 828.122, F.S., “The Animal Fighting Act,” provides that:
“Animal fighting” means fighting between roosters or other birds or between dogs, bears, or
other animals.
“Baiting” means to attack with violence, to provoke, or to harass an animal with one or more
other animals for the purpose of training the animal for, or to cause the animal to engage in,
fights with or among other animals, or using live animals to train racing greyhounds. 13
A person commits animal fighting or baiting if he or she knowingly commits any of the following acts:
Baiting, breeding, training, transporting, selling, owning, possessing, or using any wild or
domestic animal for the purpose of animal fighting or baiting; owning, possessing, or selling
equipment used for any of these activities; or owning, leasing, managing, operating, or
controlling any property kept or used for any of these activities;
Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two
or more animals;
Performing any service or act to facilitate animal fighting or baiting, including, but not limited to,
providing security, refereeing, or handling or transporting animals or being a stakeholder of any
money wagered on animal fighting or baiting;
Removing or facilitating the removal of any animal impounded under the Act from an agency
where the animal is impounded or from a location designated by a court under the Act, without
prior court authorization;
Betting or wagering any money or other valuable consideration on the fighting or baiting of
animals; or
Attending the fighting or baiting of animals.
Any violation of the Animal Fighting Act is a third degree felony, ranked as a level one offense on the
OSRC.14
The Animal Fighting Act specifies that it may not prohibit, impede, or otherwise interfere with
recognized animal husbandry and training techniques or practices not otherwise specifically prohibited
by law.15, 16
Sexual Activities with Animals
In general, sexual activities with animals (SAA) includes the sexual molestation of an animal by a
human, including a wide range of behaviors, such as fondling genitalia; vaginal, anal, or oral
penetration or oral-genital contact (from person to animal and vice versa); penetration with an object;
and injuring or killing an animal for sexual gratification.17 A study of incidents from 1975 to 2015 found
12 S. 828.12(6), F.S.
13 S. 828.122(2), F.S.
14 S. 921.0022(3)(a), F.S.
15 S. 828.122(10), F.S.
16 The Act also provides exemptions from criminal liability for: simulated fights intended for use on television or in a motion picture; any
person using animals to pursue or take wildlife or to participate in any hunting regulated or subject to being regulated by the rules and
regulations of the Fish and Wildlife Conservation Commission; any person using animals to work livestock for agricultural pur poses; any
person violating s. 828.121, F.S.; or any person using dogs to hunt wild hogs or to retrieve domestic hogs pursuant to custom ary
hunting or agricultural practices. S. 828.122(9), F.S.
17 A.W. Stern and M. Smith-Blackmore, Veterinary Forensic Pathology of Animal Sexual Ab use, American College of Veterinary
Pathologists, Journal of Veterinary Pathology (May 11, 2016), https://journals.sagepub.com/doi/10.1177/0300985816643574 (last
visited Feb. 1, 2022).
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that approximately 32 percent of animal sex offenders also committed sexual offenses against adults
and children,18 and among those offenders, approximately 53 percent had a prior conviction involving
sexual abuse of a human, animal abuse, interpersonal violence, substance abuse, or property
offenses.19
Engaging in SAA is a criminal offense in 46 states. Only Hawaii, New Mexico, West Virginia, Wyoming,
and the District of Colombia do not have state laws prohibiting SAA.20 In recent years, many cases of
SAA and SAA linked with child pornography charges have occurred in Florida.21
Florida criminalizes SAA under s. 828.126, F.S., which provides that a person commits a first degree
misdemeanor if he or she knowingly:
Engages in any sexual conduct or sexual contact with an animal;
Causes, aids, or abets another person to engage in any sexual conduct or sexual contact with
an animal;
Permits any sexual conduct or sexual contact with an animal to be conducted on any premises
under his or her charge or control; or
Organizes, promotes, conducts, advertises, aids, abets, participates in as an observer, or
performs any service in the furtherance of an act involving any sexual conduct or sexual contact
with an animal for a commercial or recreational purpose.
Section 828.126, F.S., does not apply to accepted animal husbandry practices, conformation judging
practices, or accepted veterinary medical practices.22 When a person is convicted of SAA, his or her
judgment and sentence or plea agreement may contain a provision prohibiting contact with animals, but
such a condition is not currently statutorily required.
For purposes of SAA:
“Sexual conduct” means any touching or fondling by a person, either directly or through clothing,
of the sex organs or anus of an animal or any transfer or transmission of semen by the person
upon any part of the animal for the purpose of sexual gratification or arousal of the person;23
and
“Sexual contact” means any of the following, when for the purpose of sexual gratification or
sexual arousal of the person:
o Any contact, however slight, between the mouth, sex organ, or anus of a person and the
sex organ or anus of an animal; or
o Any penetration, however slight, of any part of the body of the person into the sex organ
or anus of an animal; or
o Any penetration of the sex organ or anus of the person into the mouth of the animal, for
the purpose of sexual gratification or sexual arousal of the person.24
18 M. Jenny Edwards , Arrest and Prosecution of Animal Sex Ab use (Bestiality) Offenders in the United States, 1975 – 2015, The
Journal of the American Academy of Psychiatry and the Law (May 2019), http://jaapl.org/content/early/2019/05/16/JAAPL.003836-19
(last visited Feb. 1, 2022).
19 Id.
20 Rebecca F. Wisch, Tab le of State Animal Sexual Assault Laws, Michigan State University, Animal Legal & Historical Center (2021),
https://www.animallaw.info/topic/table-state-animal-sexual-assault-laws (last visited Feb. 1, 2022).
21 Alex Hider, Florida man had sex with dog more than 100 times, report says, The Denver Channel (Jan.12. 2017),
https://www.thedenverchannel.com/news/national/florida-man-had-sex-with-dog-more-than-100-times-report-says (last visited Feb. 1,
2022); Andrew Gant, Deltona Man Arrested on Child Porn Charges; More Charges Pending in Sexual Ab use of Dog, Volusia County
Sheriff (Aug. 17, 2020), https://www.volusiasheriff.org/news/deltona-man-arrested-on-child-porn-charges-more-charges-pending-in-
sexual-abuse-of-dog.stml (last visited Feb. 1, 2022); Ashley Miller, Woman has sexual interactions with dog; takes selfies, Tampa Bay
10 (Jun. 22, 2015), https://www.wtsp.com/article/news/weird/woman-has-sexual-interactions-with-dog-takes-selfies/67-236441551 (last
visited Feb 1, 2022); Gary Detman, Child porn videos, bestiality files found in Florida man’s phone, CBS News 12 (Oct. 7, 202 0),
https://cbs12.com/news/local/child-porn-videos-bestiality-files-found-in-florida-mans-phone (last visited Feb. 1, 2022); U.S. Attorney’s
Office, Southern District of Florida, 262-Month Federal Prison Sentence for South Florida Veterinarian Who Sexually Ab used Dogs,
Created Animal Crush Video, United States Department of Justice (Oct. 8, 2021), https://www.justice.gov/usao-sdfl/pr/262-month-
federal-prison-sentence-south-florida-veterinarian-who-sexually-abused-dogs (last visited Feb. 1, 2022).
22 S. 828.126(4), F.S.
23 S. 828.126(1)(a), F.S.
24 S. 828.126(1)(b), F.S.
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Because of the narrow definition of sexual conduct and sexual contact under s. 828.126, F.S.,
prosecutors have been unable to charge SAA in certain cases involving oral sex with animals.
Specifically, the current definitions do not capture instances when a person receives non-penetrative
oral sex from an animal.25
Criminal Punis