Sec. 12-35. Sexual conduct or sexual contact with an animal.
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Sec. 12-35. Sexual conduct or sexual contact with an animal.
(a)A person may not knowingly engage in any sexual conduct or sexual contact with an animal.
(b)A person may not knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal.
(c)A person may not knowingly permit any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control.
(d)A person may not knowingly engage in, promote, aid, or abet any activity involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose.
(e)Sentence. A person who violates this Section is guilty of a Class 4 felony. A person who violates this Section in the presence of a person under 18 years of age or causes the animal serious physical injury or death is guilty of a Class 3 felony.
(f)In addition to the penalty imposed in subsection (e), the court may order that the defendant do any of the following:
(1)Not harbor animals or reside in any household where animals are present for a
reasonable period of time or permanently, if necessary.
(2)Relinquish and permanently forfeit all animals residing in the household to a
recognized or duly organized animal shelter or humane society.
(3)Undergo a psychological evaluation and counseling at defendant's expense.
(4)Reimburse the animal shelter or humane society for any reasonable costs incurred for
the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society.
(g)Nothing in this Section shall be construed to prohibit accepted animal husbandry practices or accepted veterinary medical practices by a licensed veterinarian or certified veterinary technician.
(h)If the court has reasonable grounds to believe that a violation of this Section has occurred, the court may order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation of this Section.
(i)In this Section:
"Animal" means every creature, either alive or dead, other than a human being.
"Sexual conduct" means any knowing touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal, for the purpose of sexual gratification or arousal of the person.
"Sexual contact" means any contact, however slight, between the sex organ or anus of a person and the sex organ, mouth, or anus of an animal, or any intrusion, however slight, of any part of the body of the person into the sex organ or anus of an animal, for the purpose of sexual gratification or arousal of the person. Evidence of emission of semen is not required to prove sexual contact.