CS/HB 125

A bill to be entitled
2An act relating to animal cruelty; amending s. 828.12,
3F.S.; providing definitions; prohibiting knowing sexual
4conduct or sexual contact with an animal; prohibiting
5specified related activities; providing penalties;
6providing that the act does not apply to certain
7husbandry, conformation judging, and veterinary practices;
8providing an effective date.
10Be It Enacted by the Legislature of the State of Florida:
12     Section 1.  Subsection (5) is added to section 828.12,
13Florida 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
18person, either directly or through clothing, of the sex organs
19or anus of an animal or any transfer or transmission of semen by
20the person upon any part of the animal for the purpose of sexual
21gratification or arousal of the person.
22     3.  "Sexual contact" means any contact, however slight,
23between the mouth, sex organ, or anus of a person and the sex
24organ or anus of an animal, or any penetration, however slight,
25of any part of the body of the person into the sex organ or anus
26of an animal, or any penetration of the sex organ or anus of the
27person into the mouth of the animal, for the purpose of sexual
28gratification or sexual arousal of the person.
29     (b)  A person may not:
30     1.  Knowingly engage in any sexual conduct or sexual
31contact with an animal;
32     2.  Knowingly cause, aid, or abet another person to engage
33in any sexual conduct or sexual contact with an animal;
34     3.  Knowingly permit any sexual conduct or sexual contact
35with an animal to be conducted on any premises under his or her
36charge or control; or
37     4.  Knowingly organize, promote, conduct, advertise, aid,
38abet, participate in as an observer, or perform any service in
39the furtherance of an act involving any sexual conduct or sexual
40contact with an animal for a commercial or recreational purpose.
41     (c)  This subsection does not apply to accepted animal
42husbandry practices, conformation judging practices, or accepted
43veterinary medical practices.
44     (d)  A person who violates this subsection commits a
45misdemeanor of the first degree, punishable as provided in s.
46775.082 or s. 775.083.
47     Section 2.  This act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.