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BRIEF DESCRIPTION:
Prohibiting sexual conduct or sexual contact with an animal.
AN ACT Relating to sexual conduct or sexual contact with an animal;
adding a new section to chapter 16.52 RCW; amending 9.94A.515 and
prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.1. A new section is added to chapter 16.52 RCW to read
as follows:
(1)(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, organize, promote, conduct,
advertise, aid, or abet, participate in as an observer, or perform any
service in the furtherance of an act involving sexual conduct or sexual
contact with an animal for a commercial or recreational purpose.
(e) A person may not knowingly photograph or film a person engaged in a
sexual act or sexual contact with an animal.
(2) A person who violates subsection (1)(a), (b), (c), (d), or (e) of
this section is guilty of a class C felony.
(3) In addition to the penalty imposed in subsection (2) of this
section, the court shall order that the convicted person do any of the
following:
(a) Not harbor or own animals or reside in any household where animals
are present.
(b) Relinquish and permanently forfeit all animals residing on the
premises to a recognized or duly organized animal shelter or humane
society;
(c) Participate in appropriate counseling at defendant's expense;
(d) 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.
(4) 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.
(5) If the court has reasonable grounds to believe that a violation of
this section has occurred, the court shall order the seizure of all
animals involved in the alleged violation as a condition of bond of a
person charged with a violation.
(6)(a) For purposes of this section "Animal" means every creature,
either alive or dead, other than a human being.
(b) “Photographs” or “films” means the making of a photograph, motion
picture film, videotape, digital image, or any other recording, sale, or
transmission of the image.
(c) "Sexual conduct" means any 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.
(d) "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.
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