Florida Senate - 2009                CS for CS for CS for SB 448
       
       
       
       By the Committees on Criminal and Civil Justice Appropriations;
       Agriculture; and Criminal Justice; and Senator Rich
       
       
       
       604-05715-09                                           2009448c3
    1                        A bill to be entitled                      
    2         An act relating to sexual activities involving
    3         animals; creating s. 828.126, F.S.; providing
    4         definitions; prohibiting knowing sexual conduct or
    5         sexual contact with an animal; prohibiting specified
    6         related activities; providing penalties; providing
    7         that the act does not apply to certain husbandry,
    8         conformation judging, and veterinary practices;
    9         providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 828.126, Florida Statutes, is created to
   14  read:
   15         828.126 Sexual activities involving animals.—
   16         (1) As used in this section, the term:
   17         (a) “Sexual conduct” means any touching or fondling by a
   18  person, either directly or through clothing, of the sex organs
   19  or anus of an animal or any transfer or transmission of semen by
   20  the person upon any part of the animal for the purpose of sexual
   21  gratification or arousal of the person.
   22         (b) “Sexual contact” means any contact, however slight,
   23  between the mouth, sex organ, or anus of a person and the sex
   24  organ or anus of an animal, or any penetration, however slight,
   25  of any part of the body of the person into the sex organ or anus
   26  of an animal, or any penetration of the sex organ or anus of the
   27  person into the mouth of the animal, for the purpose of sexual
   28  gratification or sexual arousal of the person.
   29         (2) A person may not:
   30         (a) Knowingly engage in any sexual conduct or sexual
   31  contact with an animal;
   32         (b) Knowingly cause, aid, or abet another person to engage
   33  in any sexual conduct or sexual contact with an animal;
   34         (c) Knowingly permit any sexual conduct or sexual contact
   35  with an animal to be conducted on any premises under his or her
   36  charge or control; or
   37         (d) Knowingly organize, promote, conduct, advertise, aid,
   38  abet, participate in as an observer, or perform any service in
   39  the furtherance of an act involving any sexual conduct or sexual
   40  contact with an animal for a commercial or recreational purpose.
   41         (3) A person who violates this section commits a
   42  misdemeanor of the first degree, punishable as provided in s.
   43  775.082 or s. 775.083.
   44         (4) This section does not apply to accepted animal
   45  husbandry practices, conformation judging practices, or accepted
   46  veterinary medical practices.
   47         Section 2. This act shall take effect October 1, 2009.