TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 66

SEX CRIMES

18-6602.  sexual abuse of an animal. (1) A person is guilty of a felony if that person:

(a)  Engages in sexual contact with an animal;

(b)  Advertises, solicits, offers, or accepts the offer of an animal or possesses, purchases, or otherwise obtains an animal with the intent that the animal be subject to sexual contact; or

(c)  Causes, aids, or abets another person to engage in sexual contact with an animal.

(2)  As used in this section:

(a)  "Animal" means any living creature of the animal kingdom, other than a human being, whether dead or alive at the time of the violation of this section; and

(b)  "Sexual contact" means any act committed between a person and an animal for the purpose of sexual arousal, sexual gratification, abuse, or financial gain without a bona fide veterinary or animal husbandry purpose and involving:

(i)   Contact between the sex organs or anus of an animal and the mouth of the person or contact between the sex organs or anus of the person and the mouth of the animal;

(ii)  The insertion of any part of the animal’s body into the vaginal or anal opening of the person; or

(iii) The insertion of any part of the body of a person or any object into the vaginal or anal opening of an animal.

(3)  Any person who violates this section may be punished by imprisonment in the state prison for a term not to exceed five (5) years. Additionally, the court may order a person who violates this section to:

(a)  Relinquish custody of some or all animals under the person’s control at the time of the offense. If the person convicted of violating this section is not the owner of the animal that was the subject of the violation, then the animal shall be returned to the owner of the animal. An animal returned to an owner under this section shall not be spayed or neutered prior to being returned; and

(b)  Reimburse the agency or shelter caring for the animal for reasonable costs incurred for the care and treatment of the animal from the date of impoundment until the disposition of the criminal proceeding.

(4)  Nothing in this section shall be construed to criminalize:

(a)  Generally accepted veterinary practices in compliance with chapter 21, title 54, Idaho Code;

(b)  Generally accepted agricultural, farming, ranching, and animal husbandry practices, including grooming, raising, breeding or artificially inseminating an animal for reproductive purposes, assisting with the birthing process of animals, or any other procedure that provides care for an animal;

(c)  Generally accepted commercial, traditional, cultural, historical, or tribal practices, including judging of breed conformation, rodeos, horse racing, fairs, and stock sales and auctions; or

(d)  Generally accepted hunting, fishing, and trapping practices in compliance with title 36, Idaho Code.

History:

[18-6602, added 2022, ch. 124, sec. 6, p. 437.]