ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: JUD DPA 5-3-0-1 | 3^rd Read DPA 43-15-1-0-1 Senate: JUD DP 7-0-0-0

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HB 2241: bestiality; visual depiction; minors

Sponsor: Representative Willoughby, LD 13

Senate Engrossed

Overview

Establishes an additional form of bestiality involving a visual depiction in which a real person is actually engaging in oral sexual contact, sexual contact or sexual intercourse with a real 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 real person is actually engaging in oral sexual contact, sexual contact or sexual intercourse with a real animal. (Sec. 1)

2. Classifies this new form of bestiality as a class 1 misdemeanor. (Sec. 1)

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

Senate Amendments

1. Removes "receiving" and "electronically possessing or exchanging" a visual depiction of outlined bestiality conduct from this new form of bestiality offense.

2. Defines visual depiction for purposes of this new offense as videos or photographs, on film or in a digital file format, not including videos or photographs that are generated using artificial intelligence.

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6.                   HB 2241

7. Initials JL Page 0 Senate Engrossed

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