Why it is important to know your state laws?
*** DISCLAIMER THIS WEBSITE CONTAINS ADULT MATERIAL, SEXUAL CONTENT, WHICH PEOPLE MAY FIND OFFENSIVE.***
*Update: Ohio passed a law banning bestiality, misdemeanor, in March 2017.
*Update: Vermont passed law amending their animal cruelty statute, 13 V.S.A. §352(11)(A), a misdemeanor, to prohibit animal sexual assault in March 2017 and signed into law on June 7, 2017. Find the full text below.
*Update: Nevada passed a law in October 2017, N.R.S. AB 391 §1, making it a felony to commit an act of bestiality.
*Update: Texas passed its law, V.T.C.A. Penal Code §21.09 in June 2017, which became effective Sept. 1, 2017. Bestiality is a felony in the state of Texas.
The reason it is so important to know your state laws is so that you know where your state stands on important issues.
Animal Sexual Assault or Crimes against nature is not illegal in all 50 laws and territories of the United States. Currently, Animal Sexual Assault is prohibited in forty-five (45) out of the Fifty (50) states. Additionally, while it is prohibited in Puerto Rico, it is legal in the District of Columbia.
The other reason it is important to know where your state stands, is to understand the classification of the crime, punishment, evidentiary issues, post conviction requirements on the convicted person. Currently, twenty-six (26) of the states out of the forty-five (45) states that prohibits Bestiality classifies the crime as a Felony. Additionally, twenty-two (22) out of all fifty states have reporting laws, with seventeen (17) out of those twenty-two (22) states as mandatory or professional veterinarian reporting laws and the other six (6) states that have voluntary veterinarian reporting laws. Oregon is the only state that has both mandatory and voluntary reporting requirements. Moreover, twenty-six (26) out of fifty (50) States have immunity protection for state veterinarians. In total there are thirty-three (33) States that have either immunity, mandatory or voluntary reporting requirements, or both. Furthermore, the following states have no reporting or immunity laws for veterinarians: Alaska, Connecticut, Delaware, Hawaii, Indiana, Iowa, Kentucky, Louisiana, Missouri, Montana, New Jersey, New Mexico, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming. Current laws prohibiting human sexual assault informs and shapes animal sexual assault laws. The asymmetry between sexual assault against a human and an animal is the victims and their voices. To change the way veterinarian reporting and immunity laws are written it is important to understand human sexual assault laws.
Whether you are a lawyer or not, it is essential to understand your state laws so that you can better advocate for the animals in your state by lobbying to enact a law if your state does not have one or to change current state's statute to the law stronger using the model legislation found on this website.
The purpose of this model legislation is aid current states that have a law on the books whether felony or misdemeanor and states that do not such as Hawaii, or Kentucky, to draft and pass a law prohibiting animal sexual assault. The goal is to strengthen the current laws to prevent this act and gain justice for the victims in all the crimes committed and connected.
SEXUAL ASSAULT AGAINST AN ANIMAL MODEL STATUTE
1) For the purposes of this statute:
i. An animal is defined as any non-human creature, either dead or alive.
ii. Sexual Conduct means knowingly or intentionally any touching or foundling by a person, either directly with or without an object or through clothing, of the sex organs, mouth, or anus of an animal or any transfer or transmission of semen by the person onto any part of the animal for the purpose of sexual gratification or arousal of the person.
iii. Sexual Contact means any contact directly with or without an object, however, slight between sexual organs, mouth, or anus of an animal, or any penetration, however slight, of any part of a person’s body or an object into the sex organs, mouth, or anus of an animal for the purpose of sexual gratification or arousal of the person.
iv. Photograph(s), film(s), or recording(s) means the creation of a photograph, motion picture film, videotape, digital image, or any other recording, sale, or transmission of the image.
v. Evidence of commission of semen is not required to prove sexual contact occurred.
B. A person commits the crime of sexual assault of an animal if the person does either of following:
1) Knowingly or intentionally engages in any sexual conduct or sexual contact with an animal
2) Knowingly or intentionally encourage, cause, aid, or abet another person, either adult or minor, with an object to engage in any sexual conduct or sexual contact with an animal.
3) Causes an animal or animal carcass to touch or contact, the mouth, anus or sex organs of a person for the purpose of arousing or gratifying the sexual desire of a person.
4) Knowingly or intentionally involved with organizing, promoting, filming, conducting, advertising, aiding, abetting, or participate in as an observer or performs any service which furthers any act involving any sexual conduct or sexual contact with an animal for any commercial or recreational purpose.
5) Knowingly or intentionally permits any sexual conduct or sexual contact with an animal under the person’s charge or control.
C. A person who commits Sexual Assault Against an Animal is guilty of a Felony, Class _____.
D. A person who encourages, causes, aids, or abets another person under the age of 18, a minor, to engage in any sexual conduct or sexual contact commits the crime of sexual assault against an animal and is also guilty of sexual assault with a minor.
E. A person who organizes, promotes, films, conducts, advertises, aides, abets, or participates in as an observer or performs any service involving a person under the age of 18, a minor, which furthers any act involving any sexual conduct or sexual contact with an animal for any commercial or recreational purpose is guilty of both sexual assault against an animal and child pornography.
F. Each act in violation of subsection B shall constitute as a separate offense and each animal is a separate victim.
G. Sexual Assault Against an Animal is a sex crime. Any person convicted of the crime Sexual Assault Against an Animal the court shall order that the convicted person:
1) Submit to a psychological assessment and participate in appropriate counseling at the convicted person’s own expense;
2) Register as a sex offender;
3) 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.
4) Forfeit all animals in offender’s residence or under the convicted offender’s control; and
5) Pay restitution including, but is not limited to, the monetary value or cost of replacing the animal if the animal dead or needed to be euthanized due the extensive injuries the animal occurred during the act or otherwise reimburse any costs for food, drink, shelter, or veterinary care or treatment, or other costs incurred by the owner of the animal. If the owner is not the person committing the act of cruelty, or incurred by any agency, entity, or organization investigating the crime including but not limited to the state society for the Prevention of Cruelty to Animals, county humane society, or any other recognized organization concerned with the prevention of cruelty to animals for the humane treatment and care of animals, a local or state governmental entity or a kennel, shelter, pound, or other facility providing for the shelter and care of the animal or animals involved in the crime
VETERINARIAN MANDATORY REPORTING FOR ANIMAL CRUELTY MODEL STATUTE
1. For the purposes of this statute:
i. An animal is defined as any non-human creature, either dead or alive. This includes any and all livestock animals used for human consumption or production of food consumed by a human.
ii. Good faith means a honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled term is applied to all kinds of transactions.
iii. Animal Cruelty includes but is not limited to the following acts: any sexual conduct or sexual contact, inflicts physical pain, inflicts suffering or death or puts the animal in imminent danger of death.
iv. Sexual Conduct means knowingly or intentionally any touching or foundling by a person, either directly with or without an object or through clothing, of the sex organs, mouth, or anus of an animal or any transfer or transmission of semen by the person onto any part of the animal for the purpose of sexual gratification or arousal of the person.
v. Sexual Contact means any contact directly with or without an object, however, slight between sexual organs, mouth, or anus of an animal, or any penetration, however slight, of any part of a person’s body or an object into the sex organs, mouth, or anus of an animal for the purpose of sexual gratification or arousal of the person.
vi. Proper authorities is defined as a peace officer, officer of a society for the prevention of cruelty to animals who is authorized to make arrests pursuant to state law, animal control officer, prosecuting attorney, and local, state and federal enforcement officer.
(B) Mandatory Reporting
1. Any licensed veterinarian or veterinary technician in this state who reasonably suspects, believes, observes, or is presented with an animal or animals for treatment or examination with the end result of animal cruelty, including by not limited to animal fighting, sexual conduct and sexual contact is required to file a written report with the proper authorities including:
i. Owner’s name and address;
ii. Date of the animal or animals examination or treatment;
iii. Where the abuse occurred (if known);
iv. Basis for conclusions of abuse;
v. Any treatment administered; and
vi. Description of the animal or animals species, breed, age, physical description, and gender involved. If the animal is a farm animal inclusion of the animal’s identification number.
2. A licensed veterinarian or veterinary technician in this state who reasonably suspects, believes, observes, or is presented with an animal or animals with end result of animal cruelty is required to file a written report with ______hours.
1. A licensed veterinarian or veterinary technician in this state, who reports in good faith, shall be immune from any liability, civil, criminal, or otherwise, which can result from his or her actions.
2. For the purposes of the any proceedings either civil or criminal, good faith of licensed veterinarian or veterinary technician shall be presumed.
3. A licensed veterinarian or veterinary technician who testifies or reports in bad faith or with malice shall not be protected under this section.
1. A licensed veterinarian or veterinary technician must appear and testify in any judicial or administrative proceeding concerning the care of an animal in the report. Unless prosecutor allows veterinarian or veterinary technician not to testify at the prosecutor’s discretion.
1. Any failure to report reasonably suspect, observed, believed, or presented with an end result of animal cruelty of animal or animals within ______hours, will be subject to losing his or her veterinary or veterinary technician license for ______ (months or years) after failure is reported to the State Veterinary Board at the discretion of the State Veterinary Board.