Florida Senate - 2009                                     SB 448
       
       
       
       By Senator Rich
       
       
       
       
       34-00172-09                                            2009448__
    1                        A bill to be entitled                      
    2         An act relating to sexual activities involving
    3         animals; creating s. 828.126, F.S.; providing
    4         definitions; prohibiting knowing sexual conduct or
    5         sexual contact with an animal; prohibiting specified
    6         related activities; providing penalties; providing
    7         that the act does not apply to certain husbandry and
    8         veterinary 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         (c) “Photograph“ or “film” means the making of a
   29  photograph, motion picture film, videotape, digital image, or
   30  any other visual recording.
   31         (2) A person may not:
   32         (a) Knowingly engage in any sexual conduct or sexual
   33  contact with an animal;
   34         (b) Knowingly cause, aid, or abet another person to engage
   35  in any sexual conduct or sexual contact with an animal;
   36         (c) Knowingly permit any sexual conduct or sexual contact
   37  with an animal to be conducted on any premises under his or her
   38  charge or control;
   39         (d) Knowingly organize, promote, conduct, advertise, aid,
   40  abet, participate in as an observer, or perform any service in
   41  the furtherance of an act involving any sexual conduct or sexual
   42  contact with an animal for a commercial or recreational purpose;
   43  or
   44         (e) Knowingly photograph or film, for the purposes of
   45  sexual gratification, a person engaged in any sexual conduct or
   46  sexual contact with an animal, or knowingly sell or transmit
   47  such a photograph or film.
   48         (3) A person who violates this section commits a felony of
   49  the third degree, punishable as provided in s. 775.082, s.
   50  775.083, or s. 775.084.
   51         (4) This section does not apply to accepted animal
   52  husbandry practices or accepted veterinary medical practices.
   53         Section 2. This act shall take effect October 1, 2009.