New Mexico and West Virginia - Who will be Next?
April is Sexual Assault awareness month and New Mexico and West Virginia are the last two (2) states left standing.
Specifically, in New Mexico a local non-profit, Positive Links, is pushing for the passage of a law banning animal sexual assault in the State of New Mexico. Positive Links, is a New Mexico Non-profit that is dedicated to “raise awareness about the connection between animal abuse and human violence." The non-profit has several programs and primarily focuses on the link to domestic violence.
In 2018 House Bill 4455 was introduced during the regular session in West Virginia. As of April 2022, West Virginia still has not passed, enrolled, a law making animal sexual assault a crime within the state. If the bill would have been enacted, the bill would have amend Code of West Virginia 1931, by adding thereto a new section, designation §61-8-32.
The Law specifically defines the crime of bestiality as “(2) “Bestiality” means any act, done between a person and animal, involving contact between the mouth, sex organ, or anus of a person and the mouth, sex organ or anus of an animal; or without a bona fide veterinary or animal husbandry purpose; any touching or fondling, either directly or through clothing, of the sex organs or anus of an animal, any transfer or transmission of semen upon any part of the animal, or the insertion, however slight, of any person’s body or instrument, apparatus, or other object into the vaginal or anal opening of an animal.”
(b) A person is guilty of bestiality when such person knowingly and intentionally;
(1) Engages in bestiality;
(2) Causes, aids, or abets another person to engage in bestiality;
(3) Organizes, promotes, conducts, aids or abets, or participates in as an observer, in an act involving any bestiality;
(4) Possesses, sells, transfers, purchases or otherwise obtains an animal with the intent that it be used for bestiality;
(5) Permits bestiality to be conducted on any premises under his or her charge or control;
(6) Advertises offers, solicits or accepts the offer of an animal with the intent that it be used for bestiality in this state; or
(7) Forces or induces a child under 18 years of age to engage in bestiality, or engages in bestiality in the presence of a child under 18 years of age.
(c)(1) Any person who violates subsections (b)(1) through (b)(6) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than 12 months or fined not less than $300 nor more than $2,000, or both fined and confined.
(2) Any person who violates any of subsections (b)(1) through (b)(6) of this section who:
(A) Has a previous conviction under §61-8B-1 et seq. of this code;
(B) Has a previous conviction of bestiality or another crime including the sexual assault and/or abuse of an animal in this or any other jurisdiction; or
(C) Causes serious bodily injury or death to the animal as a result of the violation, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than five years and fined not less than $1,000 nor more than $5,000.
(3) Any person who violates subsection (b)(7) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000 or imprisoned in a state correctional facility not more than 10 years, or both fined and imprisoned.
(4) Any person convicted of a violation of this section shall be divested of ownership and control of all animals in his or her possession and is, in addition to any fine imposed, liable for all costs of their care and maintenance pursuant to §61-8-19(d) of this code.
(5) In addition to any other penalty which can be imposed for a violation of this section, a court shall prohibit any person so convicted from possession, owning, exercising control over, or residing with any animal or type of animal for a minimum period of five years following entry of a misdemeanor conviction and a minimum period of 15 years following entry of a felony conviction, or any additional time deemed reasonable by the court. A violation under this subsection is a misdemeanor punishable by a fine not exceeding $2,000 and forfeiture of the animal.
We dare you to use your voice to tell your legislators if you live in either New Mexico or West Virginia to make this crime not only illegal but a felony in your state. Help us make this crime illegal in all 50 states. #WeAreTheirVoice #StandingAgainstAnimalSexualAssualt. Help make your state the next state to make Animal Sexual Assault illegal.
