Sec. 21.09. BESTIALITY. (a) A person commits an offense if the person knowingly:
(1) engages in an act involving contact between:
(A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or
(B) the person's anus or genitals and the mouth of the animal;
(2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing;
(3) causes an animal to contact the seminal fluid of the person;
(4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice;
(5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4);
(6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4);
(7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4);
(8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control;
(9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or
(10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4).
(b) An offense under this section is a state jail felony, unless the offense is committed under Subsection (a)(9) or results in serious bodily injury or death of the animal, in which event the offense is a felony of the second degree.
(c) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice.
Added by Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 2, eff. September 1, 2017.
Notes of Decisions
Cited in
30
cases (
1 in the last 5 years), 1976–2024 · leading case:
Boutwell v. State, 719 S.W.2d 164 (Tex. Crim. App. 1985).
Boutwell v. State, 719 S.W.2d 164 (Tex. Crim. App. 1985).
· cites it 2× “Searcy and Patterson, Practice Commentary, Tex.Pen.Code Ann. § 21.09 (1974). Moreover, we think that an element of continuing conduct extending over a reasonable period of time is implicit in the concept of promiscuity.”
Sonny Ray Byrne v. State, 358 S.W.3d 745 (Tex. App. 2011).
· cites it 2× “(citing Tex. Penal Code Ann. § 21.09 (a)); compare Tex.”
Fleming, Mark Alexander, 455 S.W.3d 577 (Tex. Crim. App. 2014).
“Tex. Penal Code §§ 21.09, 21.10, 21.11 (Vernon's 1974).”
Hill v. State, 658 S.W.2d 705 (Tex. App. 1983).
· cites it 4× “07 is applicable to the minor victim of a sexual offense under chapter 21 of the Penal Code.”
Martinez v. State, 634 S.W.2d 929 (Tex. App. 1982).
· cites it 2× “" Texas has followed the majority law of this nation in statutory rape cases, Tex.Penal Code Ann. § 21.09 (Vernon Supp.”
Hernandez v. State, 636 S.W.2d 617 (Tex. App. 1982).
· cites it 2× “The State relied entirely upon the testimony of two witnesses, the minor victim and her mother, to prove up a case against appellant of rape of a child under the provisions of Tex.Penal Code Ann. § 21.09 (Vernon Supp.”
Johnson v. State, 933 S.W.2d 195 (Tex. App. 1996).
· cites it 2× “Searcy and Patterson, Practice Commentary, Tex.Pen.Code Ann. § 21.09 (Vernon 1974). Moreover, we think that an element of continuing conduct extending over a reasonable period of time is implicit in the concept of promiscuity.”
Pawson v. State, 865 S.W.2d 36 (Tex. Crim. App. 1993).
· cites it 2× “In response to the contention that evidence was insufficient to support revocation, the Texarkana Court first paraphrased the promiscuity defense, viz: "Proof that the child was at the time of the offense fourteen years of age or older, and that prior to the time of the offense…”
Ex Parte Cravens, 805 S.W.2d 790 (Tex. Crim. App. 1991).
“Applicant was convicted by a jury of two counts of rape of a child pursuant to former Tex.Penal Code Ann. § 21.09. 1 The court assessed punishment for each offense at twelve years confinement.”
Chreene v. State, 691 S.W.2d 748 (Tex. App. 1985).
“Proof that the child was at the time of the offense fourteen years of age or older, and that prior to the time of the offense she had been promiscuous, was a defense to Tex.Penal Code Ann. § 21.09 (Vernon 1974) (repealed 1983), and is a defense to offenses under Tex.”
Jasso v. State, 699 S.W.2d 658 (Tex. App. 1985).
“TEX.PENAL CODE ANN. § 21.09. 1 Appellant was indicted for an offense alleged to have been committed on November 1, 1982.”
— Tex. Penal Code § 21.09(2) — 1 case
— Tex. Penal Code § 21.09(a) — 2 cases
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