1. (a)

   1. (1) In this section, “sexual contact with an animal” means any act:

      1. (i) involving:

         1. 1. a person touching the sex organ or anus of an animal;

         2. 2. contact between:

            1. A. the sex organ or anus of a person and the mouth, sex organ, or anus of an animal; or
            2. B. the sex organ or anus of an animal, and the mouth, sex organ, or anus of a person; or

         3. 3. insertion of:

            1. A. any part of the body of a person into the opening of the vagina or anus of an animal;
            2. B. any part of an animal's body into the opening of the vagina or anus of a person; or
            3. C. any object into the opening of the vagina or anus of an animal; and
      2. (ii) committed for the purpose of sexual arousal, sexual gratification, abuse, or financial gain.

   2. (2) “Sexual contact with an animal” does not include:

      1. (i) an accepted veterinary practice;
      2. (ii) artificial insemination of an animal for reproductive purposes;

      3. (iii) accepted animal husbandry practices, including:

         1. 1. grooming;
         2. 2. raising;
         3. 3. breeding;
         4. 4. assisting with the birthing process; or
         5. 5. any other activity that provides care for an animal; or
      4. (iv) generally accepted practices relating to the judging of breed confirmation.

2. (b) A person may not:

   1. (1) intentionally:

      1. (i) mutilate an animal;
      2. (ii) torture an animal;
      3. (iii) cruelly beat an animal;
      4. (iv) cruelly kill an animal; or
      5. (v) engage in sexual contact with an animal;
   2. (2) cause, procure, or authorize an act prohibited under item (1) of this subsection; or
   3. (3) except in the case of self-defense, intentionally inflict bodily harm, permanent disability, or death on an animal owned or used by a law enforcement unit.

3. (c)

   1. (1) A person who violates this section is guilty of the felony of aggravated cruelty to animals and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

   2. (2) As a condition of sentencing, the court may:

      1. (i) order a defendant convicted of violating this section to:

         1. 1. participate in and pay for psychological counseling; and
         2. 2. pay, in addition to any other fines and costs, all reasonable costs incurred in removing, housing, treating, or euthanizing an animal confiscated from the defendant; and
      2. (ii) prohibit a defendant from owning, possessing, or residing with an animal for a specified period of time.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2011, c. 26, § 1, eff. Oct. 1, 2011; Acts 2011, c. 27, § 1, eff. Oct. 1, 2011; Acts 2014, c. 218, § 1, eff. Oct. 1, 2014; Acts 2017, c. 187, § 1, eff. Oct. 1, 2017; Acts 2017, c. 188, § 1, eff. Oct. 1, 2017; Acts 2018, c. 238, § 1, eff. Oct. 1, 2018; Acts 2019, c. 61, § 1, eff. Oct. 1, 2019; Acts 2019, c. 62, § 1, eff. Oct. 1, 2019; Acts 2019, c. 72, § 1, eff. Oct. 1, 2019.

Formerly Art. 27, § 59.