SB139,5,1
1944.18 Bestiality. (1) Definitions. In this section:
SB139,5,22 (a) “Animal” means any creature, either alive or dead, except a human being.
SB139,5,33 (b) “Obscene material” has the meaning given in s. 944.21 (2) (c).
SB139,5,54 (c) “Photograph or film” means the making of a photograph, motion picture
5film, video tape, digital image, or any other recording.
SB139,5,106 (d) “Sexual contact” means any of the following types of contact that is not an
7accepted veterinary medical practice, an accepted animal husbandry practice that
8provides care for animals, an accepted practice related to the insemination of
9animals for the purpose of procreation, or an accepted practice related to
10conformation judging:
SB139,5,1311 1. An act between a person and an animal involving physical contact between
12the sex organ, genitals, or anus of one and the mouth, sex organ, genitals, or anus
13of the other.
SB139,5,1614 2. Any touching or fondling by a person, either directly or through clothing, of
15the sex organ, genitals, or anus of an animal or any insertion, however slight, of any
16part of a person's body or any object into the vaginal or anal opening of an animal.
SB139,5,1817 3. Any insertion, however slight, of any part of an animal's body into the vaginal
18or anal opening of a person.
SB139,5,19 19(2) Prohibited conduct. No person may knowingly do any of the following:
SB139,5,2020 (a) Engage in sexual contact with an animal.
SB139,5,2221 (b) Advertise, offer, accept an offer, sell, transfer, purchase, or otherwise obtain
22an animal with the intent that it be used for sexual contact in this state.
SB139,5,2423 (c) Organize, promote, conduct, or participate as an observer of an act involving
24sexual contact with an animal.
SB139,6,2
1(d) Permit sexual contact with an animal to be conducted on any premises
2under his or her ownership or control.
SB139,6,43 (e) Photograph or film obscene material depicting a person engaged in sexual
4contact with an animal.
SB139,6,65 (f) Distribute, sell, publish, or transmit obscene material depicting a person
6engaged in sexual contact with an animal.
SB139,6,87 (g) Possess with the intent to distribute, sell, publish, or transmit obscene
8material depicting a person engaged in sexual contact with an animal.
SB139,6,109 (h) Force, coerce, entice, or encourage a child who has not attained the age of
1013 years to engage in sexual contact with an animal.
SB139,6,1211 (i) Engage in sexual contact with an animal in the presence of a child who has
12not attained the age of 13 years.
SB139,6,1513 (j) Force, coerce, entice, or encourage a child who has attained the age of 13
14years but who has not attained the age of 18 years to engage in sexual contact with
15an animal.
SB139,6,1716 (k) Engage in sexual contact with an animal in the presence of a child who has
17attained the age of 13 years but who has not attained the age of 18 years.
SB139,6,24 18(3) Penalties. (a) Any person who violates sub. (2) (a) to (g) is guilty of a Class
19H felony for the first violation and is guilty of a Class F felony for a 2nd or subsequent
20violation or if the act results bodily harm or death of an animal. Any person who
21violates sub. (2) (h) or (i) is guilty of a Class F felony for the first violation and is guilty
22of a Class D felony for a 2nd or subsequent violation. Any person who violates sub.
23(2) (j) or (k) is guilty of a Class G felony for the first violation and is guilty of a Class
24E felony for a 2nd or subsequent violation.
SB139,7,4
1(b) Any person who violates sub. (2) is subject to a Class C forfeiture, unless
2such violation occurs within 3 years after a humane officer issues an abatement order
3under s. 173.11, in which case the person is subject to a Class A forfeiture for a
4violation that is covered by the abatement order.
SB139,7,65 (c) If a person has been convicted under sub. (2), the sentencing court shall
6order, in addition to any other applicable penalties, all of the following:
SB139,7,117 1. That the person may not own, possess, reside with, or exercise control over
8any animal or engage in any occupation, whether paid or unpaid, at any place where
9animals are kept or cared for, for not less than 5 years or more than 15 years. In
10computing the time period, time which the person spent in actual confinement
11serving a criminal sentence shall be excluded.
SB139,7,1312 2. That the person shall submit to a psychological assessment and participate
13in appropriate counseling at the person's expense.
SB139,7,2214 3. That the person shall pay restitution to a person, including any local humane
15officer or society or county or municipal pound or a law enforcement officer or
16conservation warden or his or her designee, for any pecuniary loss suffered by the
17person as a result of the crime. This requirement applies regardless of whether the
18person is placed on probation under s. 973.09. If restitution is ordered, the court shall
19consider the financial resources and future ability of the person to pay and shall
20determine the method of payment. Upon application of an interested party, the court
21shall schedule and hold an evidentiary hearing to determine the value of any
22pecuniary loss, as defined in s. 951.18 (4) (a) 1., under this subdivision.
SB139,7,24 23(4) Severability. The provisions of this section are severable, as provided in
24s. 990.001 (11).
SB139,15 25Section 15. 948.015 (11) of the statutes is created to read:
SB139,8,2
1948.015 (11) Section 944.18 (2) (h), (i), (j), and (k), relating to sexual contact
2with an animal.
SB139,8,33 (End)
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