In California, it is against the law to have sexual contact with an animal. California Penal Code section 286.5 makes sexual contact with an animal a misdemeanor, which carries a wide range of consequences, including custody time, a fine, as well as potential collateral consequences. Certainly, this is not the type of allegation that someone would want to have on their record, which is why a strong criminal defense is important.
Elements for Sexual Contact with an Animal, California Penal Code Section 286.5(a)California Penal Code section 286.5 states in pertinent part that “(a) Every person who has sexual contact with an animal is guilty of a misdemeanor.”
Subsection (b) of California Penal Code section 286.5 provides an exception for “any lawful and accepted practice related to veterinary medicine performed by a licensed veterinarian or a certified veterinary technician under the guidance of a licensed veterinarian, any artificial insemination of animals for reproductive purposes, any accepted animal husbandry practices such as raising, breeding, or assisting with the birthing process of animals or any other practice that provides care for an animal, or to any generally accepted practice related to the judging of breed conformation.”
Subsection (c)(1) of California Penal Code section 286.5 defines “animal” as “any nonhuman creature, whether alive or dead.”
Subsection (c)(2) of California Penal Code section 286.5 defines “sexual contact” as “any act, committed for the purpose of sexual arousal or gratification, abuse, or financial gain, between a person and an animal involving contact between the sex organs or anus of one and the mouth, sex organs, or anus of the other, or without a bona fide veterinary or animal husbandry purpose, 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.”
Potential Consequences, Including the Seizure of AnimalsCalifornia Penal Code section 286.5(a), sexual contact with an animal, is a misdemeanor, which is punishable by a fine and/or imprisonment for up to 180 days in jail. Because of the nature of the charge, upon conviction, any animal lawfully seized and impounded will be determined to be forfeited, and the convicted person will be liable for any costs incurred (California Penal Code section 286.5(d)(3).
An allegation of sexual contact with an animal, California Penal Code section 286.5(a), or any other type of sex crime is serious and could result in serious penalties and other consequences. If you or a family member has been charged with or is being investigated for having sexual contact with an animal, or any other type of sexual assault or abuse crime in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been accused of any type of felony and misdemeanor sexual offense or any other offense.
For more information about the misdemeanor crime of sexual contact with an animal, or all types of misdemeanor and felony, sex crimes or any other type of misdemeanor or felony crime, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (323) 464-6453.