13-1411. Bestiality; classification; definitions
A. A person commits bestiality by knowingly doing any of the following:
1. Engaging in oral sexual contact, sexual contact or sexual intercourse with an animal.
2. Causing another person to engage in oral sexual contact, sexual contact or sexual intercourse with an animal.
3. Possessing, distributing, transporting, exhibiting, selling, purchasing or electronically transmitting any visual depiction in which a real person is actually engaging in oral sexual contact, sexual contact or sexual intercourse with a real animal.
B. In addition to any other penalty imposed for a violation of subsection A of this section, the court may order that the convicted person do any of the following:
1. Undergo a psychological assessment and participate in appropriate counseling at the convicted person's own expense.
2. Reimburse an animal shelter as defined in section 11-1022 for any reasonable costs incurred for the care and maintenance of any animal that was taken to the animal shelter as a result of conduct proscribed by subsection A of this section.
C. This section does not apply to:
1. Accepted veterinary medical practices that are performed by a licensed veterinarian or veterinary technician.
2. Insemination of animals by the same species, bred for commercial purposes.
3. Accepted animal husbandry practices that provide necessary care for animals bred for commercial purposes.
D. Bestiality pursuant to:
1. Subsection A, paragraph 1 or 2 of this section is a class 6 felony, except that bestiality pursuant to subsection A, paragraph 2 of this section is a class 3 felony punishable pursuant to section 13-705 if the other person is a minor under fifteen years of age.
2. Subsection A, paragraph 3 of this section is a class 1 misdemeanor.
E. For the purposes of this section:
1. "Animal" means a nonhuman mammal, bird, reptile or amphibian, either dead or alive.
2. "Visual depiction":
(a) Means a video or photograph on film or in a digital file format.
(b) Does not include a video or photograph that is generated using artificial intelligence.
Notes of Decisions
Cited in
22
cases, 1963–2004 · leading case:
State v. Cook, 564 P.2d 877 (Ariz. 1977).
State v. Cook, 564 P.2d 877 (Ariz. 1977).
· cites it 48× “When the officers arrived, the victim told them briefly of the attempted rape and kidnap. She told them where she thought the suspect might then be, but not whether he was armed or when she had last seen him.”
State v. Mincey, 566 P.2d 273 (Ariz. 1977).
· cites it 30× “Was it reversible error to deny defendant's motion to suppress on the basis of an illegal entry in violation of A.R.S. § 13-1411? 6. Was it reversible error to deny appellant's motion to suppress on the basis of an illegal warrantless search? 7.”
State v. Smith, 599 P.2d 187 (Ariz. 1979).
· cites it 12× “Examination of the record shows that the police entered the machine shop without complying with A.R.S. § 13-1411, [5] Arizona's "knock and announce" statute.”
State v. Ferguson, 579 P.2d 559 (Ariz. 1978).
· cites it 10× “188 , 564 P.2d 877 (1977), this court discussed the question of a warrantless entry into a home to effect an arrest.”
State v. Davis, 582 P.2d 175 (Ariz. 1978).
· cites it 6× “A.R.S. § 13-1411 provides: “Right of officer to break into building “An officer, in order to make an arrest either by virtue of a warrant, or when authorized to make such arrest for a felony without a warrant, as provided in § 13-1403, may break open a door or window of any…”
State v. Mincey, 687 P.2d 1180 (Ariz. 1984).
· cites it 4× “LEGALITY OF ENTRY Appellant maintains that Officer Headricks failed to comply with the provisions of former A.R.S. § 13-1411 [now A.R.S. § 13-3891]: “Right of officer to break into building “An officer, in order to make an arrest either by virtue of a warrant, or when authorized…”
State v. Smith, 766 So. 2d 501 (La. 2000).
· cites it 2× “Code §§ 13A-6-63; 13A-6-64; 13A-6-65 (Michie 1993); Ariz.Rev.Stat. Ann. §§ 13-1411; 13-1412 (West 1993); Ark.”
State v. Love, 598 P.2d 976 (Ariz. 1979).
· cites it 8× “[*] Nor did the police violate the "knock and announce" requirement of A.R.S. § 13-1411 (currently A.R.S. § 13-3891).”
State v. Gerlaugh, 654 P.2d 800 (Ariz. 1982).
· cites it 2× “§ 13-3891 2 (previously A.R.S. § 13-1411). We do not find this rule applicable because the officers were neither refused admittance nor did they enter forcibly.”
State v. Schad, 788 P.2d 1162 (Ariz. 1989).
· cites it 2× “The defendant was previously convicted of a felony in the United States involving the use or threat of violence on another person.”
Ker v. California, 374 U.S. 23 (1963).
“15, § 155; Ariz. Rev. Stat. Ann. § 13-1411 ; Deering's Cal.”
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