Florida Statute 828.126 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION

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F.S. 828.126

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.

F.S. 828.126 on Google Scholar

F.S. 828.126 on Casetext

Amendments to 828.126

Arrestable Offenses / Crimes under Fla. Stat. 828.126

Level: Degree
Misdemeanor/Felony: First/Second/Third

S828.126 2a - CONSERVATION-ANIMALS - SEXUAL CONTACT WITH ANIMAL - F: T

S828.126 2b - CONSERVATION-ANIMALS - AID ABET SEX CONTACT WITH ANIMAL - F: T

S828.126 2c - CONSERVATION-ANIMALS - PERMIT SEX CONTACT WITH ANIMAL ON PREMISES - F: T

S828.126 2d - CONSERVATION-ANIMALS - ORGANIZE PROMOTE ADVERT SEX CONTACT W ANIMAL - F: T

S828.126 2e - CONSERVATION-ANIMALS - FILM POSSESS IMAGE VIDEO ANIMAL SEX ACTIVITY - F: T

S828.126 3 - CONSERVATION-ANIMALS - RENUMBERED. SEE REC # 9762 - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 828.126

Total Results: 9

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

Court: Fla. | Date Filed: 2018-11-15T00:00:00-08:00

Citation: 257 So. 3d 370

Snippet: 29.13(c) SEXUAL ACTIVITY WITH AN ANIMAL § 828.126, Fla. Stat. To prove the crime of Sexual…recreational purpose]. Definitions. § 828.126(1)(a), Fla. Stat. "Sexual conduct…gratification or arousal of the person. § 828.126(1)(b), Fla. Stat. "Sexual contact…Included Offenses SEXUAL ACTIVITY WITH AN ANIMAL - 828.126 *412CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO…veterinary medical practices. See § 828.126(4), Fla. Stat. This instruction was adopted

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: 2013. 29.13(c) SEXUAL ACTIVITY WITH AN ANIMAL § 828.126, Fla. Stat. To prove the crime of Sexual Activity… Offenses *754SEXUAL ACTIVITY WITH AN ANIMAL — 828.126 CATEGORY ONE CATEGORY TWO FLA. INS. NO. STAT. None

Petit v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-25T00:00:00-07:00

Citation: 92 So. 3d 906, 2012 WL 3021941, 2012 Fla. App. LEXIS 12118

Snippet: statements.’ ” Id. at 1159 (quoting Davis, 547 U.S. at 828, 126 S.Ct. 2266). With this guidance in mind, we now

Marshall v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-27T00:00:00-07:00

Citation: 45 So. 3d 470, 2010 Fla. App. LEXIS 16270, 2010 WL 173642

Snippet: responses were not testimonial in nature. Id. at 828, 126 S.Ct. 2266. In this case the facts are accurately

Hayward v. State

Court: Fla. | Date Filed: 2009-12-10T00:00:00-08:00

Citation: 24 So. 3d 17, 2009 WL 2612524

Snippet: witness; she was not testifying." Id. at 828, 126 S.Ct. 2266. In the companion case of Hammon v.

State v. Belvin

Court: Fla. | Date Filed: 2008-05-01T00:53:00-07:00

Citation: 986 So. 2d 516

Snippet: " against the accused. Davis, 547 U.S. at 828, 126 S.Ct. 2266; see Crawford, 541 U.S. at 51, 124

State v. Johnson

Court: Fla. | Date Filed: 2008-05-01T00:00:00-07:00

Citation: 982 So. 2d 672

Snippet: therefore the statements were not testimonial. Id. at 828, 126 S.Ct. 2266. In the companion case of Hammon v

Greene v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-20T23:53:00-08:00

Citation: 970 So. 2d 900

Snippet: So.2d 517 (Fla. 2004), cert. denied, 546 U.S. 828, 126 S.Ct. 39, 163 L.Ed.2d 75 (2005), strongly suggests

Richie v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-12T00:00:00-07:00

Citation: 959 So. 2d 369, 2007 Fla. App. LEXIS 9776, 2007 WL 1729973

Snippet: 891 So.2d 517 (Fla.2004), cert. denied, 546 U.S. 828, 126 S.Ct. 39, 163 L.Ed.2d 75 (2005); State v. White