Iowa 2023 2023-2024 Regular Session

Iowa House Bill HSB533 Introduced / Bill

Filed 01/09/2024

                    House Study Bill 533 - Introduced   HOUSE FILE _____   BY (PROPOSED COMMITTEE   ON JUDICIARY BILL BY   CHAIRPERSON HOLT)   A BILL FOR   An Act relating to bestiality and providing penalties. 1   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2   TLSB 5424YC (3) 90   as/js  

  H.F. _____   Section 1. Section 717C.1, subsection 1, paragraph b, Code 1   2024, is amended to read as follows: 2   b. Sex act means any sexual contact between a person and   3   an animal by penetration of the penis into the vagina or anus, 4   contact between the mouth and genitalia, or by contact between   5   the genitalia of one and the genitalia or anus of the other.   6   of the following conduct that is not an accepted veterinary 7   medical practice, an accepted animal husbandry practice that 8   provides care for animals, an accepted practice related to the   9   insemination of animals for the purpose of procreation, or an 10   accepted practice related to conformation judging:   11   (1) An act between a person and an animal involving physical 12   contact between the sex organ, genitals, or anus of one and the 13   mouth, sex organ, genitals, or anus of the other.   14   (2) Any touching or fondling by a person, either directly 15   or through clothing, of the sex organ, genitals, or anus of 16   an animal or any insertion, however slight, of any part of a 17   persons body or any object into the vaginal or anal opening   18   of an animal.   19   (3) Any insertion, however slight, of any part of an 20   animals body into the vaginal or anal opening of a person.   21   (4) Advertising, offering, selling, transferring, 22   purchasing, or otherwise obtaining an animal with the intent   23   that the animal be used for sexual contact in this state. 24   (5) Organizing, promoting, conducting, or participating 25   as an observer of an act involving conduct described in 26   subparagraph (1), (2), or (3). 27   (6) Permitting conduct described in subparagraph (1), (2), 28   or (3) to occur in any premises under the persons ownership 29   or control.   30   (7) Photographing or filming obscene material, as defined 31   in section 728.1, depicting a person engaging in conduct   32   described in subparagraph (1), (2), or (3). 33   (8)   Distributing, selling, publishing, or transmitting 34   obscene material, as defined in section 728.1, depicting a 35   -1-   LSB 5424YC (3) 90   as/js   1/ 4                                                   

  H.F. _____   person engaged in conduct described in subparagraph (1), (2), 1   or (3).   2   (9) Possessing with the intent to distribute, sell, 3   publish, or transmit obscene material, as defined in section 4   728.1, depicting a person engaged in conduct described in   5   subparagraph (1), (2), or (3).   6   (10) Forcing, coercing, enticing, or encouraging a minor to 7   engage in conduct described in subparagraph (1), (2), or (3). 8   Sec. 2. Section 717C.1, subsection 2, Code 2024, is amended 9   to read as follows: 10   2. a.   A person who performs a sex act with an animal is 11   guilty of an aggravated misdemeanor. 12   b. A person who commits a second or subsequent violation of 13   this section is guilty of a class D felony.   14   c. A person previously convicted of a violation of section 15   717B.2, 717B.3, 717B.3A, or 717B.3B who commits a violation of 16   this section is guilty of a class D felony. 17   EXPLANATION 18   The inclusion of this explanation does not constitute agreement with 19   the explanations substance by the members of the general assembly. 20   This bill relates to bestiality. 21   Under current law, a person who performs a sex act with an 22   animal is guilty of an aggravated misdemeanor. Current law 23   defines sex act as any sexual contact between a person and 24   an animal by penetration of the penis into the vagina or anus, 25   contact between the mouth and genitalia, or by contact between 26   the genitalia of one and the genitalia or anus of the other. 27   The bill provides that a sex act includes the following 28   conduct that is not an accepted veterinary medical practice, 29   an accepted animal husbandry practice that provides care for 30   animals, an accepted practice related to the insemination 31   of animals for the purpose of procreation, or an accepted 32   practice related to conformation judging: an act between a 33   person and an animal involving physical contact between the 34   sex organ, genitals, or anus of one and the mouth, sex organ, 35   -2-   LSB 5424YC (3) 90   as/js   2/ 4                        

  H.F. _____   genitals, or anus of the other; any touching or fondling by 1   a person, either directly or through clothing, of the sex 2   organ, genitals, or anus of an animal or any insertion, however 3   slight, of any part of a person's body or any object into the 4   vaginal or anal opening of an animal; any insertion, however 5   slight, of any part of an animals body into the vaginal or 6   anal opening of a person; advertising, offering, selling, 7   transferring, purchasing, or otherwise obtaining an animal with 8   the intent that the animal be used for sexual contact in this 9   state; organizing, promoting, conducting, or participating 10   as an observer of an act involving a sex act with an animal; 11   permitting a sex act with an animal to occur in any premises 12   under the persons ownership or control; photographing or 13   filming obscene material depicting a person engaging in a 14   sex act with an animal; distributing, selling, publishing, 15   or transmitting obscene material depicting a person engaged 16   in a sex act with an animal; possessing with the intent 17   to distribute, sell, publish, or transmit obscene material 18   depicting a person engaged in a sex act with an animal; or 19   forcing, coercing, enticing, or encouraging a minor to engage 20   in a sex act with an animal. 21   The bill provides that a person who performs a sex act with 22   an animal is guilty of an aggravated misdemeanor. A second 23   or subsequent violation is a class D felony. A person 24   who was previously convicted of a violation of Code section 25   717B.2 (animal abuse), 717B.3 (animal neglect), or 717B.3A 26   (animal torture), or 717B.3B (animal mistreatment) who commits 27   bestiality is guilty of a class D felony. An aggravated 28   misdemeanor is punishable by confinement for no more than two 29   years and a fine of at least $855 but not more than $8,540. A 30   class D felony is punishable by confinement for no more than 31   five years and a fine of at least $1,025 but not more than 32   $10,245. 33   Current law also requires a person convicted of bestiality 34   to submit to a psychological evaluation and treatment at the 35   -3-   LSB 5424YC (3) 90   as/js   3/ 4  

  H.F. _____   persons expense, in addition to any sentence authorized by 1   law. 2   -4-   LSB 5424YC (3) 90   as/js   4/ 4