828.126

Sexual activities involving animals.

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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.

Notes of Decisions

Cited in 2 cases, 2013–2018 · leading case: In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

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In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04. (2018) fla · cites it 8× “[engaged in sexual conduct or sexual contact with an animal]. b. [caused or aided or abetted another person to engage in sexual conduct or sexual contact with an animal].”

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04 (2013) fla · cites it 2× “13(c) SEXUAL ACTIVITY WITH AN ANIMAL § 828.126, Fla. Stat. To prove the crime of Sexual Activity with an Animal, the State must prove the following element beyond a reasonable doubt: Give as applicable.”

— 828.126(1)(a) — 1 case

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04. (2018) fla “[engaged in sexual conduct or sexual contact with an animal]. b. [caused or aided or abetted another person to engage in sexual conduct or sexual contact with an animal].”

— 828.126(1)(b) — 1 case

— 828.126(4) — 1 case

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