A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-15-125 SO AS TO ESTABLISH THE OFFENSE OF SEXUAL ABUSE OF AN ANIMAL, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 1, Chapter 15, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-15-125. (A) For purposes of this section:

       (1) "Animal" means a living vertebrate creature except homo sapiens, whether alive or dead.

       (2) "Sexual conduct" means:

           (a) any act committed for the purpose of sexual arousal or sexual gratification, abuse, or financial gain between a person and an animal involving contact between the sex organs or anus of one and the mouth, sex organs, or anus of the other; or

           (b) the insertion, however slight, of any part of the body of a person or any object into the vaginal or anal opening of an animal, touching by a person of the sex organs or anus of an animal, or the insertion of any part of the animal's body into the vaginal or anal opening of the person.

    (B) A person commits sexual abuse of an animal if he knowingly and intentionally engages in any of the following:

       (1) sexual contact with an animal;

       (2) possessing, selling, transferring, purchasing, or otherwise obtaining an animal with the intent that it be subject to sexual contact;

       (3) organizing, promoting, conducting, aiding, or abetting another person to engage in sexual contact with an animal;

       (4) causing, coercing, aiding, or abetting another person to engage in sexual contact with an animal;

       (5) permitting sexual contact with an animal to be conducted on any premises under his charge or control;

       (6) advertising, soliciting, offering, or accepting the offer of an animal with the intent that it be used for sexual contact; and

       (7) filming, distributing, or possessing pornographic images of a person and an animal engaged in any of the activities described in items (1) through (6).

    (C)(1) Except as provided in item (2), a person who commits the offense of sexual abuse of an animal, upon being found guilty, shall be fined not more than two thousand dollars or imprisoned not more than five years, or both.

       (2) A person who commits a second or subsequent offense of sexual abuse of an animal, upon being found guilty, shall be fined not more than twenty-five thousand dollars or imprisoned for not more than ten years, or both.

    (D) In addition to any other penalty imposed, a person convicted of violating this section shall be ordered to:

       (1) relinquish custody of all animals;

       (2) not harbor, own, possess, or exercise control over any animal for any length of time deemed appropriate by the court;

       (3) not reside in any household where an animal is present for any length of time deemed appropriate by the court;

       (4) not engage in any occupation, whether paid or unpaid, involving animals for any length of time deemed appropriate by the court;

       (5) participate in a volunteer position at any establishment where animals are present for any length of time deemed appropriate by the court;

       (6) undergo a psychological evaluation for sex offenders and participate in any recommended psychological treatment, with any associated costs to be paid by the defendant; and

       (7) reimburse the owner of the victimized animal for any expenses incurred for medical treatment or rehabilitation if the person convicted of violating this section is not the owner.

    (E)(1) Any law enforcement officer investigating a violation of this section may lawfully take possession of an animal that he has reason to believe has been victimized under this section in order to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the offense.

       (2) Any animal seized pursuant to this section shall promptly be examined by a veterinarian for evidence of sexual contact.

       (3) With respect to an animal so seized and impounded, all provisions of Section 47-1-145 shall apply to the seizure, impoundment, and disposition of the animal.

    (F) Prosecution under this section shall not preclude prosecution under any other applicable provision of law.

    (G) The provisions of this section may not be construed so as to apply to the following:

       (1) accepted veterinary practices;

       (2) artificial insemination of an animal for reproductive purposes;

       (3) accepted animal husbandry practices, including grooming, raising, breeding, or assisting with the birthing process of animals, or any other procedure that provides care for an animal; or

       (4) generally accepted practices related to the judging of breed conformation.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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