Iowa 2023 2023-2024 Regular Session

Iowa Senate Bill SF2180 Introduced / Bill

Filed 01/31/2024

                    Senate File 2180 - Introduced   SENATE FILE 2180   BY COMMITTEE ON JUDICIARY   (SUCCESSOR TO SF 2018)   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 5424SV (3) 90   as/js  

  S.F. 2180   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   3   and an animal by penetration of the penis into the vagina or 4   anus, contact between the mouth and genitalia, or by contact   5   between the genitalia of one and the genitalia or anus of the   6   other. of the following conduct that is not the practice of 7   veterinary medicine as defined in section 169.3, subsection 8   13, an accepted livestock management practice as defined in   9   section 169.3, subsection 1, an accepted practice related to 10   the insemination of animals for the purpose of procreation, or   11   an accepted practice related to conformation judging: 12   (1) An act between a person and an animal involving physical 13   contact between the sex organ, genitals, or anus of one and the   14   mouth, sex organ, genitals, or anus of the other. 15   (2) Any touching or fondling by a person, either directly 16   or through clothing, of the sex organ, genitals, or anus of 17   an animal or any insertion, however slight, of any part of a   18   persons body or any object into the vaginal or anal opening of   19   an animal, except for veterinarian-advised care of the animal. 20   (3)   Any insertion, however slight, of any part of an 21   animals body into the vaginal or anal opening of a person. 22   (4)   Advertising, offering, selling, transferring, 23   purchasing, or otherwise obtaining an animal with the intent 24   that the animal be used for sexual contact in this state. 25   (5) Organizing, promoting, conducting, or participating as 26   an observer of an act involving a sex act with an animal. 27   (6) Knowingly permit a sex act with an animal to be 28   conducted on any premises under the persons ownership or 29   control.   30   (7) Photographing or filming obscene material depicting a 31   person engaged in sexual contact with an animal.   32   (8) Distributing, selling, publishing, or transmitting 33   obscene material depicting a person engaged in sexual contact   34   with an animal. 35   -1-   LSB 5424SV (3) 90   as/js   1/ 3                                                    

  S.F. 2180   (9) Possessing with the intent to distribute, sell, 1   publish, or transmit obscene material depicting a person   2   engaged in a sex act with an animal. 3   (10) Forcing, coercing, enticing, or encouraging a minor to 4   engage in a sex act with an animal.   5   (11)   Engaging in a sex act with an animal in the presence 6   of a minor. 7   Sec. 2. Section 717C.1, subsection 2, Code 2024, is amended 8   to read as follows: 9   2. A person who performs a sex act with an animal is guilty 10   of an aggravated misdemeanor. A person who commits a violation   11   of this section is guilty of a class D felony if the person 12   has previously been convicted of a violation of this section, 13   or if the person has previously been convicted of committing   14   animal neglect, animal abuse, or animal torture as defined in 15   chapter 717B. 16   EXPLANATION 17   The inclusion of this explanation does not constitute agreement with 18   the explanations substance by the members of the general assembly. 19   This bill relates to bestiality. 20   Under current law, a person who performs a sex act with an 21   animal is guilty of an aggravated misdemeanor. Current law 22   defines sex act as any sexual contact between a person and 23   an animal by penetration of the penis into the vagina or anus, 24   contact between the mouth and genitalia, or by contact between 25   the genitalia of one and the genitalia or anus of the other. 26   The bill provides that a sex act includes the following 27   conduct that is not the practice of veterinary practice, an 28   accepted livestock management practice that provides care for 29   animals, an accepted practice related to the insemination of 30   animals for the purpose of procreation, or an accepted practice 31   related to conformation judging: an act between a person and 32   an animal involving physical contact between the sex organ, 33   genitals, or anus of one and the mouth, sex organ, genitals, or 34   anus of the other; any touching or fondling by a person, either 35   -2-   LSB 5424SV (3) 90   as/js   2/ 3                     

  S.F. 2180   directly or through clothing, of the sex organ, genitals, or 1   anus of an animal or any insertion, however slight, of any 2   part of a persons body or any object into the vaginal or anal 3   opening of an animal except for veterinarian-advised care; any 4   insertion, however slight, of any part of an animals body into 5   the vaginal or anal opening of a person; advertising, offering, 6   selling, transferring, purchasing, or otherwise obtaining an 7   animal with the intent that the animal be used for sexual 8   contact in this state; organizing, promoting, conducting, or 9   participating as an observer of an act involving a sex act 10   with an animal; permitting a sex act with an animal to occur 11   in any premises under the persons ownership or control; 12   photographing or filming obscene material depicting a person 13   engaging in a sex act with an animal; distributing, selling, 14   publishing, or transmitting obscene material depicting a person 15   engaged in a sex act with an animal; possessing with the intent 16   to distribute, sell, publish, or transmit obscene material 17   depicting a person engaged in a sex act with an animal; or 18   forcing, coercing, enticing, or encouraging a minor to engage 19   in a sex act with an animal. 20   The bill provides that a person who performs a sex act with 21   an animal is guilty of an aggravated misdemeanor. A second 22   or subsequent violation is a class D felony. A person who 23   was previously convicted of a violation of Code section 717B.2 24   (animal abuse), 717B.3 (animal neglect), or 717B.3A (animal 25   torture) who commits bestiality is guilty of a class D 26   felony. An aggravated misdemeanor is punishable by confinement 27   for no more than two years and a fine of at least $855 but 28   not more than $8,540. A class D felony is punishable by 29   confinement for no more than five years and a fine of at least 30   $1,025 but not more than $10,245. 31   Current law also requires a person convicted of bestiality 32   to submit to a psychological evaluation and treatment at the 33   persons expense, in addition to any sentence authorized by 34   law.   35   -3-   LSB 5424SV (3) 90   as/js   3/ 3