State of Illinois
92nd General Assembly
Legislation

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92_HB1019

 
                                               LRB9205345RCks

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Criminal  Code  of  1961  is amended by
 5    adding Section 12-35 as follows:

 6        (720 ILCS 5/12-35 new)
 7        Sec. 12-35. Sexual conduct  or  sexual  contact  with  an
 8    animal.
 9        (a)  A  person  may  not  knowingly  engage in any sexual
10    conduct or sexual contact with an animal.
11        (b)  A person may  not  knowingly  cause,  aid,  or  abet
12    another  person  to  engage  in  any sexual conduct or sexual
13    contact with an animal.
14        (c)  A person may not knowingly permit any sexual conduct
15    or sexual contact with an  animal  to  be  conducted  on  any
16    premises under his or her charge or control.
17        (d)  A  person may not knowingly engage in, promote, aid,
18    or abet any activity involving any sexual conduct  or  sexual
19    contact  with  an  animal  for  a  commercial or recreational
20    purpose.
21        (e)  Sentence.  A person who  violates  this  Section  is
22    guilty  of  a  Class  4  felony.  A  person who violates this
23    Section in the presence of a person under 18 years of age  or
24    causes  the animal serious physical injury or death is guilty
25    of a Class 3 felony.
26        (f)  In addition to the  penalty  imposed  in  subsection
27    (e),  the  court must order that the defendant do each of the
28    following:
29             (1)  Not harbor animals or reside in  any  household
30        where animals are present for a reasonable period of time
31        or permanently, if necessary.
 
                            -2-                LRB9205345RCks
 1             (2)  Relinquish  and permanently forfeit all animals
 2        residing  in  the  household  to  a  recognized  or  duly
 3        organized animal shelter or humane society.
 4             (3)  Undergo   a   psychological   evaluation    and
 5        counseling at defendant's expense.
 6             (4)  Reimburse  the animal shelter or humane society
 7        for any  reasonable  costs  incurred  for  the  care  and
 8        maintenance  of the animal involved in the sexual conduct
 9        or sexual contact in addition to any animals relinquished
10        to the animal shelter or humane society.
11        (g)  Nothing  in  this  Section  shall  be  construed  to
12    prohibit accepted  animal  husbandry  practices  or  accepted
13    veterinary  medical  practices  by a licensed veterinarian or
14    certified veterinary technician.
15        (h)  A  peace  officer  who  has  reasonable  grounds  to
16    believe that a violation of this Section  has  occurred  must
17    seize  all  animals  involved  in  the alleged violation. The
18    person charged with violating this Section must be provided a
19    hearing by the court on the disposition of any animals seized
20    under this Section.
21        (i)  In this Section:
22        "Animal" means every  creature,  either  alive  or  dead,
23    other than a human being.
24        "Sexual  conduct"  means  any  touching  or fondling by a
25    person, either directly  or  through  clothing,  of  the  sex
26    organs  or  anus of an animal or any transfer or transmission
27    of semen by the person upon any part of the animal,  for  the
28    purpose of sexual gratification or arousal of the person.
29        "Sexual  contact"  means  any  contact,  however  slight,
30    between  the sex organ or anus of a person and the sex organ,
31    mouth, or anus  of  an  animal,  or  any  intrusion,  however
32    slight,  of  any  part of the body of the person into the sex
33    organ or anus of an animal.  Evidence of emission of semen is
34    not required to prove sexual contact.

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