SB 344                                           First Engrossed
       
       
       
       
       
       
       
       
       2011344e1
       
    1                        A bill to be entitled                      
    2         An act relating to animal cruelty; creating s.
    3         828.126, F.S.; providing definitions; prohibiting
    4         specified activities 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
    8         practices; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 828.126, Florida Statutes, is created to
   13  read:
   14         828.126 Sexual activities involving animals.—
   15         (1) As used in this section, the term:
   16         (a) “Sexual conduct” means any touching or fondling by a
   17  person, either directly or through clothing, of the sex organs
   18  or anus of an animal or any transfer or transmission of semen by
   19  the person upon any part of the animal for the purpose of sexual
   20  gratification or arousal of the person.
   21         (b) “Sexual contact” means any contact, however slight,
   22  between the mouth, sex organ, or anus of a person and the sex
   23  organ or anus of an animal, or any penetration, however slight,
   24  of any part of the body of the person into the sex organ or anus
   25  of an animal, or any penetration of the sex organ or anus of the
   26  person into the mouth of the animal, for the purpose of sexual
   27  gratification or sexual arousal of the person.
   28         (2) A person may not:
   29         (a) Knowingly engage in any sexual conduct or sexual
   30  contact with an animal;
   31         (b) Knowingly cause, aid, or abet another person to engage
   32  in any sexual conduct or sexual contact with an animal;
   33         (c) Knowingly permit any sexual conduct or sexual contact
   34  with an animal to be conducted on any premises under his or her
   35  charge or control; or
   36         (d) Knowingly organize, promote, conduct, advertise, aid,
   37  abet, participate in as an observer, or perform any service in
   38  the furtherance of an act involving any sexual conduct or sexual
   39  contact with an animal for a commercial or recreational purpose.
   40         (3) A person who violates this section commits a
   41  misdemeanor of the first degree, punishable as provided in s.
   42  775.082 or s. 775.083.
   43         (4) This section does not apply to accepted animal
   44  husbandry practices, conformation judging practices, or accepted
   45  veterinary medical practices.
   46         Section 2. This act shall take effect October 1, 2011.