Bills › 90th General Assembly
Relating to bestiality and providing penalties
Sponsored by the Senate Judiciary Committee
Where it is now
- Done: IntroducedJanuary 8, 2024
- Done: SubcommitteeJanuary 11, 2024
- Done: Senate committeeJanuary 31, 2024
- Done: Passes the SenateFebruary 28, 202447–0
- Skipped: House committeeSkipped
- Done: Passes the HouseFebruary 27, 202497–0
- Done: To the GovernorApril 10, 2024
- Done: Signed into lawApril 10, 2024
HF 2318 became law → The same legislation passed as HF 2318, so this version was set aside. Go to HF 2318 What’s a funnel?
What’s in it
AI summary Iowa is expanding the definition of a sex act with an animal to include more types of physical contact and the distribution of related videos or photos. People who engage in these acts, organize them, or buy animals for this purpose could face harsher punishments, especially if they have prior animal abuse convictions. These changes also make it a felony for anyone who commits this crime a second time.1
Read the official explanation
This bill relates to bestiality. Under current law, a person who performs a sex act with an animal is guilty of an aggravated misdemeanor. Current law defines “sex act” as any sexual contact between a person and an animal by penetration of the penis into the vagina or anus, contact between the mouth and genitalia, or by contact between the genitalia of one and the genitalia or anus of the other. The bill provides that a “sex act” includes the following conduct that is not the practice of veterinary practice, an accepted livestock management practice that provides care for animals, an accepted practice related to the insemination of animals for the purpose of procreation, or an accepted practice related to conformation judging: an act between a person and an animal involving physical contact between the sex organ, genitals, or anus of one and the mouth, sex organ, genitals, or anus of the other; any touching or fondling by a person, either directly or through clothing, of the sex organ, genitals, or anus of an animal or any insertion, however slight, of any part of a person’s body or any object into the vaginal or anal opening of an animal except for veterinarian-advised care; any insertion, however slight, of any part of an animal’s body into the vaginal or anal opening of a person; advertising, offering, selling, transferring, purchasing, or otherwise obtaining an animal with the intent that the animal be used for sexual contact in this state; organizing, promoting, conducting, or participating as an observer of an act involving a sex act with an animal; permitting a sex act with an animal to occur in any premises under the person’s ownership or control; photographing or filming obscene material depicting a person engaging in a sex act with an animal; distributing, selling, publishing, or transmitting obscene material depicting a person engaged in a sex act with an animal; possessing with the intent to distribute, sell, publish, or transmit obscene material depicting a person engaged in a sex act with an animal; or forcing, coercing, enticing, or encouraging a minor to engage in a sex act with an animal. The bill provides that a person who performs a sex act with an animal is guilty of an aggravated misdemeanor. A second or subsequent violation is a class “D” felony.3A (animal torture) who commits bestiality is guilty of a class “D” felony. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. Current law also requires a person convicted of bestiality to submit to a psychological evaluation and treatment at the person’s expense, in addition to any sentence authorized by law.
Why it matters. People who engage in sexual contact with animals, promote such acts, or distribute related obscene material would face expanded criminal definitions and increased penalties. While first-time offenders would be charged with an aggravated misdemeanor, repeat offenders or those with prior animal abuse convictions would face a class D felony. The fiscal impact on the state's General Fund, including the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections, is anticipated to be minimal.2
Changed since by amendments S-5032, S-5031; see Amendments.
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill expands the definition of bestiality and increases the penalties for certain offenses to Class D felonies. The fiscal impact cannot be determined due to a lack of data, but it is anticipated to be minimal for the state's General Fund. Potential costs would affect the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections.4
Read the fiscal note
Description
House File 2318 increases penalties for, expands the definition of, and creates exceptions to the crime of bestiality related to the practice of veterinary medicine. The Bill increases the penalty for bestiality from an aggravated misdemeanor to a Class D felony for subsequent offenses. The Bill also creates a Class D felony for a person who commits bestiality and has been previously convicted of a violation of Iowa Code section 717B.2 (animal abuse), 717B.3 (animal neglect), 717B.3A (animal torture), or 717B.3B (animal mistreatment).
Background
Iowa Code section 717C.1 defines a “sex act” as it relates to bestiality. Current law also requires a person convicted of bestiality to submit to a psychological evaluation and treatment at the person’s expense, in addition to any sentence authorized by law.
In FY 2023, three individuals were convicted of a bestiality offense. Of these, there were no prison admissions and one individual was admitted to probation.
A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but not more than $10,245. An aggravated misdemeanor is punishable by confinement for up to two years and a fine of at least $855 but not more than $8,540.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A delay of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
House File 2318 increases penalties and expands the definition of an existing criminal offense. The correctional impact cannot be determined due to a lack of existing conviction data but is anticipated to be minimal. Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for Class D felonies. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for information related to the correctional system.
Figure 1 — Sentencing Estimate and Length of Stay (LOS)
Minority Impact
House File 2318 increases penalties and expands the definition of an existing criminal offense. As a result, Criminal Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to determine the minority impact. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 2318 increases penalties and expands the definition of an existing criminal offense. The fiscal impact cannot be determined due to a lack of data but is anticipated to be minimal. Figure 2 shows the average State cost per offense for a Class D felony and an aggravated misdemeanor. Potential impacts to the State General Fund include operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC). Any costs would be incurred across multiple fiscal years for prison and parole supervision. Figure 2 — Average State Cost Per Offense
Sources
- Department of Corrections
- Criminal and Juvenile Justice Planning, Department of Management
- Legislative Services Agency
- Final Fiscal Note — Bestiality, Definition and Penalties · May 1, 2024
- Bestiality, Definition and Penalties · February 15, 2024
- Bestiality, Definition and Penalties · February 8, 2024
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