| 1 | A bill to be entitled |
| 2 | An act relating to animal cruelty; amending s. 828.12, |
| 3 | F.S.; providing definitions; prohibiting knowing sexual |
| 4 | conduct or sexual contact with an animal; prohibiting |
| 5 | specified related activities; providing penalties; |
| 6 | providing that the act does not apply to certain |
| 7 | husbandry, conformation judging, and veterinary practices; |
| 8 | providing an effective date. |
| 9 |
|
| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
|
| 12 | Section 1. Subsection (5) is added to section 828.12, |
| 13 | Florida Statutes, to read: |
| 14 | 828.12 Cruelty to animals.- |
| 15 | (5)(a) For the purposes of this subsection, the term: |
| 16 | 1. "Animal" means any living or dead dumb creature. |
| 17 | 2. "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 | 3. "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 | (b) A person may not: |
| 30 | 1. Knowingly engage in any sexual conduct or sexual |
| 31 | contact with an animal; |
| 32 | 2. Knowingly cause, aid, or abet another person to engage |
| 33 | in any sexual conduct or sexual contact with an animal; |
| 34 | 3. 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 | 4. 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 | (c) This subsection does not apply to accepted animal |
| 42 | husbandry practices, conformation judging practices, or accepted |
| 43 | veterinary medical practices. |
| 44 | (d) A person who violates this subsection commits a |
| 45 | misdemeanor of the first degree, punishable as provided in s. |
| 46 | 775.082 or s. 775.083. |
| 47 | Section 2. This act shall take effect October 1, 2011. |