ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: JUD DPA 5-3-0-1-0-0

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HB 2241: bestiality; visual depiction; minors

Sponsor: Representative Willoughby, LD 13

Caucus & COW

Overview

Establishes an additional form of bestiality involving a visual depiction in which a person is engaging in oral sexual contact, sexual contact or sexual intercourse with an animal.

History

Under current law, a person commits bestiality by knowingly doing either of the following:

1) engaging in oral sexual contact, sexual contact or sexual intercourse with an animal, which is a class 6 felony; or

2) causing another person to engage in oral sexual contact, sexual contact or sexual intercourse with an animal, which is a class 3 felony punishable as a dangerous crime against children if the other person is a minor below the age of 15.

In addition to any other penalties, the court may order that a person convicted of bestiality undergo psychological assessment; participate in appropriate counseling at the person's own expense; and/or reimburse an animal shelter for reasonable costs incurred for the care and maintenance of any animal that was taken to the animal shelter as a result of the offense.

Criminal liability for bestiality does not apply to the following activities:

1) accepted veterinary medical practices performed by a licensed veterinarian or veterinary technician;

2) insemination of animals by the same species, bred for commercial purposes; or

3) accepted animal husbandry practices that provide necessary care for animals bred for commercial purposes.

For purposes of this offense, animal is defined as a nonhuman mammal, bird, reptile or amphibian, either dead or alive (A.R.S. § 13-1411). Other applicable terms such as oral sexual contact, sexual contact and sexual intercourse are also defined in statute (A.R.S. § 13-1401).

Provisions

1. Adds that a person commits bestiality by knowingly possessing, distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a person is engaging in oral sexual contact, sexual contact or sexual intercourse with an animal. (Sec. 1)

2. Classifies this new form of bestiality as a class 1 misdemeanor, unless the depicted person is a minor under the age of 15, in which case the offense becomes a class 6 felony. (Sec. 1)

3. Makes technical and conforming changes. (Sec. 1)

Amendments

Committee on Judiciary

1. Removes separate class 6 felony sentencing classification pertaining to minors.

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                        HB 2241

Initials JL      Page 0 Caucus & COW

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