2019 Wisconsin Act 162

162,13 Section 13. 944.17 (2) (d) of the statutes is repealed.

162,14 Section 14. 944.18 of the statutes is created to read:

944.18 Bestiality. (1) Definitions. In this section:

(a) “Animal” means any creature, either alive or dead, except a human being.

(b) “Obscene material” has the meaning given in s. 944.21 (2) (c).

(c) “Photograph or film” means the making of a photograph, motion picture film, video tape, digital image, or any other recording.

(d) “Sexual contact” means any of the following types of contact that is not an accepted veterinary medical practice, an accepted animal husbandry practice that provides care for animals, an accepted practice related to the insemination of animals for the purpose of procreation, or an accepted practice related to conformation judging:

1. An act between a person and an animal involving physical contact between the sex organ, genitals, or anus of one and the mouth, sex organ, genitals, or anus of the other.

2. Any touching or fondling by a person, either directly or through clothing, of the sex organ, genitals, or anus of an animal or any insertion, however slight, of any part of a person's body or any object into the vaginal or anal opening of an animal.

3. Any insertion, however slight, of any part of an animal's body into the vaginal or anal opening of a person.

(2) Prohibited conduct. No person may knowingly do any of the following:

(a) Engage in sexual contact with an animal.

(b) Advertise, offer, accept an offer, sell, transfer, purchase, or otherwise obtain an animal with the intent that it be used for sexual contact in this state.

(c) Organize, promote, conduct, or participate as an observer of an act involving sexual contact with an animal.

(d) Permit sexual contact with an animal to be conducted on any premises under his or her ownership or control.

(e) Photograph or film obscene material depicting a person engaged in sexual contact with an animal.

(f) Distribute, sell, publish, or transmit obscene material depicting a person engaged in sexual contact with an animal.

(g) Possess with the intent to distribute, sell, publish, or transmit obscene material depicting a person engaged in sexual contact with an animal.

(h) Force, coerce, entice, or encourage a child who has not attained the age of 13 years to engage in sexual contact with an animal.

(i) Engage in sexual contact with an animal in the presence of a child who has not attained the age of 13 years.

(j) Force, coerce, entice, or encourage a child who has attained the age of 13 years but who has not attained the age of 18 years to engage in sexual contact with an animal.

(k) Engage in sexual contact with an animal in the presence of a child who has attained the age of 13 years but who has not attained the age of 18 years.

(3) Penalties. (a) Any person who violates sub. (2) (a) to (g) is guilty of a Class H felony for the first violation and is guilty of a Class F felony for a 2nd or subsequent violation or if the act results bodily harm or death of an animal. Any person who violates sub. (2) (h) or (i) is guilty of a Class F felony for the first violation and is guilty of a Class D felony for a 2nd or subsequent violation. Any person who violates sub. (2) (j) or (k) is guilty of a Class G felony for the first violation and is guilty of a Class E felony for a 2nd or subsequent violation.

(c) If a person has been convicted under sub. (2), the sentencing court shall order, in addition to any other applicable penalties, all of the following:

1. That the person may not own, possess, reside with, or exercise control over any animal or engage in any occupation, whether paid or unpaid, at any place where animals are kept or cared for, for not less than 5 years or more than 15 years. In computing the time period, time which the person spent in actual confinement serving a criminal sentence shall be excluded.

2. That the person shall submit to a psychological assessment and participate in appropriate counseling at the person's expense.

3. That the person shall pay restitution to a person, including any local humane officer or society or county or municipal pound or a law enforcement officer or conservation warden or his or her designee, for any pecuniary loss suffered by the person as a result of the crime. This requirement applies regardless of whether the person is placed on probation under s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the person to pay and shall determine the method of payment. Upon application of an interested party, the court shall schedule and hold an evidentiary hearing to determine the value of any pecuniary loss, as defined in s. 951.18 (4) (a) 1., under this subdivision.

(4) Severability. The provisions of this section are severable, as provided in s. 990.001 (11).

162,15 Section 15. 948.015 (11) of the statutes is created to read:

948.015 (11) Section 944.18 (2) (h), (i), (j), and (k), relating to sexual contact with an animal.