§ 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.