New Mexico SB 215: ESTABLISH CRIME OF BESTIALITY

Bill Text

SJC/SB 215
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AN ACT
RELATING TO CRIMES; CREATING THE CRIMES OF BESTIALITY,
PROMOTING BESTIALITY AND AGGRAVATED BESTIALITY; PRESCRIBING
PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Criminal Code,
Section 30-9A-1 NMSA 1978, is enacted to read:
"30-9A-1. SHORT TITLE.--Chapter 30, Article 9A
NMSA 1978 may be cited as the "Animal Sexual Abuse Act"."
SECTION 2. A new section of the Criminal Code,
Section 30-9A-2 NMSA 1978, is enacted to read:
"30-9A-2. DEFINITIONS.--As used in the Animal Sexual
Abuse Act:
A. "animal" means any wild or domestic fauna,
including livestock, alive or dead, in any setting, that is
not a human being;
B. "coerce" means the use of threat, physical
force or violence against another person to commit an act of
bestiality;
C. "manipulate" means the use of persuasion,
extortion, retaliation, deceit or other acts not involving
force or coercion to cause another person to commit an act of
bestiality;
D. "orifice" means the mouth, vulva or anus;

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E. "sexual contact with an animal" means:
(1) the intentional insertion of the
genitals or mouth of an animal into an orifice of a human's
body;
(2) the intentional insertion of the
genitals or mouth of a human into an orifice of an animal's
body;
(3) the intentional insertion of an object
into the genitals or anus of an animal; and
(4) contact, handling or stimulation of the
genitals or anus of an animal by a human.
"Sexual contact with an animal" does not include
accepted veterinary medical practices; accepted animal
husbandry, care and grooming practices in the caretaking of
animals; accepted practices related to the insemination of
animals for the purpose of procreation; or accepted practices
related to conformation judging; and
F. "solicit" means to entice, induce, encourage or
attempt to persuade another person to commit an act of
bestiality."
SECTION 3. A new section of the Criminal Code,
Section 30-9A-3 NMSA 1978, is enacted to read:
"30-9A-3. BESTIALITY--AGGRAVATED BESTIALITY--
PENALTIES.--
A. Bestiality consists of a person engaging in

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sexual contact with an animal. A person who commits
bestiality is guilty of a fourth degree felony.
B. Promoting bestiality consists of a person:
(1) coercing, soliciting or manipulating a
human to commit bestiality; or
(2) selling or transferring, offering to
sell or transfer, advertising for sale or transfer,
purchasing or offering to purchase, possessing or otherwise
obtaining an animal with the intent that the animal be used
for bestiality.
A person who commits promoting bestiality is guilty of a
fourth degree felony.
C. Aggravated bestiality consists of a person:
(1) committing bestiality or promoting
bestiality in the presence of a minor; or
(2) committing bestiality or promoting
bestiality in which a minor is a participant.
A person who commits aggravated bestiality is guilty of
a third degree felony.
D. Emission by a human or animal is not required
to prove sexual contact with an animal.
E. If a person has been convicted of a crime
pursuant to this section, in addition to any other penalties,
the sentencing court shall include in the judgment and
sentence all of the following:

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(1) that all animals under the direct care
and control of the convicted person be seized and turned over
to an agent of the New Mexico livestock board or to an animal
control agency operated by the state or a local government or
an animal shelter or other animal welfare organization
designated by the animal control agency. The receiver of
seized animals has the authority to determine the disposition
of seized animals, but shall not return the animals to the
convicted person; and
(2) that the convicted person shall not be
allowed to own, possess, reside with or exercise control over
any animal or engage in any occupation or profession, whether
paid or unpaid, at any place where animals are kept or cared
for, for a definite period not less than three years and not
more than fifteen years; provided that the time the person
spent in actual confinement serving a criminal sentence shall
be excluded from the calculation of the definite period.
F. If a person has been convicted of a crime
pursuant to this section, in addition to criminal penalties
and other penalties specified in Subsection E of this
section, the sentencing court may order:
(1) that the convicted person submit to a
psychological assessment and participate in appropriate
counseling; and
(2) that the convicted person pay

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restitution for incurred costs of veterinary care, boarding,
food and other reasonable costs of