{
 "citation": "14:89.3",
 "heading": "Sexual abuse of an animal",
 "doc_id": "1106716",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=1106716",
 "classification": "F",
 "enacted_year": "2018",
 "last_amended_year": "2018",
 "penalties": [
  {
   "subsection": "D(1)(a)",
   "text": "D.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, whoever commits the offense of sexual abuse of an animal shall be fined not more than two thousand dollars, imprisoned, with or without hard labor, for not more than five years, or both.",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "D(1)(b)",
   "text": "(b) Whoever commits a second or subsequent offense of sexual abuse of an animal, shall be fined not less than five thousand dollars nor more than twenty-five thousand dollars, or imprisoned, with or without hard labor, for not more than ten years, or both.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:102.2",
  "15:828"
 ],
 "text": "RS 14:89.3\n\n\u00a789.3. Sexual abuse of an animal\n\nA. Sexual abuse of an animal is the knowing and intentional performance of any of\nthe following:\n\n(1) Engaging in sexual contact with an animal.\n\n(2) Possessing, selling, transferring, purchasing, or otherwise obtaining an animal\nwith the intent that it be subject to sexual contact.\n\n(3) Organizing, promoting, conducting, aiding or abetting, or participating in as an\nobserver, any act involving sexual contact with an animal.\n\n(4) Causing, coercing, aiding, or abetting another person to engage in sexual contact\nwith an animal.\n\n(5) Permitting sexual contact with an animal to be conducted on any premises under\nhis charge or control.\n\n(6) Advertising, soliciting, offering, or accepting the offer of an animal with the\nintent that it be used for sexual contact.\n\n(7) Filming, distributing, or possessing pornographic images of a person and an\nanimal engaged in any of the activities described in Paragraphs (1) through (6) of this\nSubsection.\n\nB. For purposes of this Section:\n\n(1) \"Animal\" means any nonhuman creature, whether alive or dead.\n\n(2) \"Sexual contact\" means:\n\n(a) Any act committed for the purpose of sexual arousal or sexual gratification,\nabuse, or financial gain, between a person and an animal involving contact between the sex\norgans or anus of one and the mouth, sex organs, or anus of the other.\n\n(b) The insertion, however slight, of any part of the body of a person or any object\ninto the vaginal or anal opening of an animal, touching by a person of the sex organs or anus\nof an animal, or the insertion of any part of the animal's body into the vaginal or anal opening\nof the person.\n\nC. This Section shall not apply to any of the following:\n\n(1) Accepted veterinary practices.\n\n(2) Artificial insemination of an animal for reproductive purposes.\n\n(3) Accepted animal husbandry practices, including grooming, raising, breeding, or\nassisting with the birthing process of animals or any other procedure that provides care for\nan animal.\n\n(4) Generally accepted practices related to the judging of breed conformation.\n\nD.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, whoever commits\nthe offense of sexual abuse of an animal shall be fined not more than two thousand dollars,\nimprisoned, with or without hard labor, for not more than five years, or both.\n\n(b) Whoever commits a second or subsequent offense of sexual abuse of an animal,\nshall be fined not less than five thousand dollars nor more than twenty-five thousand dollars,\nor imprisoned, with or without hard labor, for not more than ten years, or both.\n\n(2) In addition to any other penalty imposed, a person convicted of violating this\nSection shall be ordered to:\n\n(a) Relinquish custody of all animals.\n\n(b) Not harbor, own, possess, or exercise control over any animal for any length of\ntime deemed appropriate by the court, but not less than five years.\n\n(c) Not reside in any household where an animal is present; engage in an occupation,\nwhether paid or unpaid, involving animals; or participate in a volunteer position at any\nestablishment where animals are present, for any length of time deemed appropriate by the\ncourt, but not less than five years.\n\n(d) Undergo a psychological evaluation for sex offenders and participate in any\nrecommended psychological treatment. Any costs associated with any evaluation or\ntreatment ordered by the court shall be paid by the defendant.\n\n(e) If the convicted person is not the owner, reimburse the owner for any expenses\nincurred for medical treatment or rehabilitation of the victimized animal.\n\n(3) If a person convicted of the offense of sexual abuse of an animal is released on\nparole, the committee on parole shall require the person, as a condition of parole, to\nparticipate in a sex offender program as defined by R.S. 15:828(A)(2)(b).\n\nE.(1) Any law enforcement officer investigating a violation of this Section may\nlawfully take possession of an animal that he has reason to believe has been victimized under\nthis Section in order to protect the health or safety of the animal or the health or safety of\nothers, and to obtain evidence of the offense.\n\n(2) Any animal seized pursuant to this Section shall be promptly taken to a shelter\nfacility or veterinary clinic to be examined by a veterinarian for evidence of sexual contact.\n\n(3) With respect to an animal so seized and impounded, all provisions of R.S.\n14:102.2 and 102.3 shall apply to the seizure, impoundment, and disposition of the animal.\n\nF. Prosecution under this Section shall not preclude prosecution under any other\napplicable provision of law.\n\nActs 2018, No. 485, \u00a71, eff. May 25, 2018."
}