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Florida Statute 828.126 - Full Text and Legal Analysis Florida Statute 828.126 | Lawyer Caselaw & Research
Fla. Stat. § 828.126 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
828.126 Sexual activities involving animals.
(1) As used in this section, the term “sexual contact with an animal” means any act committed between a person and an animal for the purpose of sexual gratification, abuse, or financial gain which involves:
(a) Contact between the sex organ or anus of one and the mouth, sex organ, or anus of the other;
(b) The fondling of the sex organ or anus of an animal; or
(c) 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, or the insertion of any part of the body of an animal into the vaginal or anal opening of a person.
(2) A person may not:
(a) Knowingly engage in any sexual contact with an animal;
(b) Knowingly cause, aid, or abet another person to engage in any sexual contact with an animal;
(c) Knowingly permit any sexual contact with an animal to be conducted on any premises under his or her charge or control;
(d) Knowingly organize, promote, conduct, aid, abet, participate in as an observer, or advertise, offer, solicit, or accept an offer of an animal for the purpose of sexual contact with such animal, or perform any service in the furtherance of an act involving any sexual contact with an animal; or
(e) Knowingly film, distribute, or possess any pornographic image or video of a person and an animal engaged in any of the activities prohibited by this section.
(3) A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) In addition to other penalties prescribed by law, the court shall issue an order prohibiting a person convicted under this section from harboring, owning, possessing, or exercising control over any animal; from residing in any household in which animals are present; and from engaging in an occupation, whether paid or unpaid, or participating in a volunteer position at any establishment at which animals are present. The order may be effective for up to 5 years after the date of the conviction, regardless of whether adjudication is withheld.
(5) This section does not apply to accepted animal husbandry practices, including, but not limited to, bona fide agricultural purposes, assistance with the birthing process or artificial insemination of an animal for reproductive purposes, accepted conformation judging practices, or accepted veterinary medical practices.
History.s. 1, ch. 2011-42; s. 4, ch. 2022-212.

Arrestable Offenses under F.S. 828.126

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§828.126(3)CONSERVATION-ANIMALSRENUMBERED. SEE REC # 9762M · 1st
§828.126(2a)CONSERVATION-ANIMALSRENUMBERED. SEE REC #10639F · 3rd
§828.126(2a)ANIMAL CRUELTYSEXUAL CONTACT WITH ANIMALF · 3rd
§828.126(2b)CONSERVATION-ANIMALSRENUMBERED. SEE REC #10640F · 3rd
§828.126(2b)ANIMAL CRUELTYAID ABET SEX CONTACT WITH ANIMALF · 3rd
§828.126(2c)CONSERVATION-ANIMALSRENUMBERED. SEE REC #10641F · 3rd
§828.126(2c)ANIMAL CRUELTYPERMIT SEX CONTACT WITH ANIMAL ON PREMISESF · 3rd
§828.126(2d)CONSERVATION-ANIMALSRENUMBERED. SEE REC #10642F · 3rd
§828.126(2d)ANIMAL CRUELTYORGANIZE PROMOTE ADVERT SEX CONTACT W ANIMALF · 3rd
§828.126(2e)CONSERVATION-ANIMALSRENUMBERED. SEE REC #10643F · 3rd
§828.126(2e)ANIMAL CRUELTYFILM POSSESS IMAGE VIDEO ANIMAL SEX ACTIVITYF · 3rd

Cases Citing F.S. 828.126

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·In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013).

Cited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

...OR REVOKED FOR SPECIFIED REASON] — § 322.34(6)(a) or (b) CATEGORY ONE CATEGORY TWO FLA. INS. NO. STAT. No Valid Driver’s 322.03 28.9 License if 322.34(6)(a) is charged. Comment This instruction was adopted in 2013. 29.13(c) SEXUAL ACTIVITY WITH AN ANIMAL § 828.126, Fla....
...n or anus of an animal, or any penetration of the sex organ or anus of the person into the mouth of the animal, for the purpose of sexual gratification or sexual arousal of the person. Lesser Included Offenses *754 SEXUAL ACTIVITY WITH AN ANIMAL — 828.126 CATEGORY ONE CATEGORY TWO FLA....
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Adopted(citing case) (2020)
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Adopted(citing case) (2018)
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·In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018).

Published | Supreme Court of Florida

...NO. None Attempt 777.04(1) 5.1 Comment This instruction was adopted in 2015 [163 So. 3d 478] and amended in 2018. - 45 - 29.13(c) SEXUAL ACTIVITY WITH AN ANIMAL § 828.126, Fla....
...[organized] [promoted] [conducted] [advertised] [aided] [abetted] [participated in as an observer] [performed any service in the furtherance of] an act involving sexual conduct or sexual contact with an animal for a commercial or recreational purpose]. Definitions. § 828.126(1)(a), Fla....
...Stat. “Sexual conduct” means any touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal for the purpose of sexual gratification or arousal of the person. § 828.126(1)(b), Fla....
...enetration of the sex organ or anus of the person into the mouth of the animal, for the purpose of sexual gratification or sexual arousal of the person. Lesser Included Offenses SEXUAL ACTIVITY WITH AN ANIMAL — 828.126 - 46 - CATEGORY ONE CATEGORY TWO FLA....
...NO. None Attempt 777.04(1) 5.1 Comments This crime does not apply to accepted animal husbandry practices, conformation judging practices, or accepted veterinary medical practices. See § 828.126(4), Fla....
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Cited as authority(citing case) (2020)
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Cited as authority(citing case) (2019)
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