286.5.
(a) Every person who has sexual contact with an animal, or who advertises, offers, accepts an offer, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for sexual contact, or who organizes, promotes, or conducts an act involving sexual contact with an animal, or who coerces, causes, aids, or abets another person to engage in sexual contact with an animal, or who knowingly permits sexual contact with an animal to be conducted on any premises under his or
her control is guilty of a crime punishable pursuant to subdivision (d). animal is guilty of a misdemeanor.(b) This section does not apply to 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 practices related to the judging of breed conformation.
(c) As used in this section, the following terms have the following meanings:
(1) “Animal” means any nonhuman creature, whether alive or dead.
(2) “Sexual contact” means 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.
(d)A violation of subdivision (a) is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment, or alternatively, as a misdemeanor by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment.
(e)
(d) Notwithstanding any other law, if a defendant is granted probation for a conviction under this section, the court shall order the defendant to pay for, and successfully complete, counseling, as determined by the court, designed to evaluate and treat behavior or conduct disorders. If the court finds that the defendant is financially unable to pay for that counseling, the court may develop a sliding fee schedule based upon the defendant’s ability to pay. An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee if the defendant has the ability to pay the nominal fee. County mental health departments or Medi-Cal shall be responsible for the costs of counseling required by this section only for those persons who meet the
medical necessity criteria for mental health managed care pursuant to Section 1830.205 of Title 9 of the California Code of Regulations or the targeted population criteria specified in Section 5600.3 of the Welfare and Institutions Code. The counseling specified in this subdivision shall be in addition to any other terms and conditions of probation, including any term of imprisonment and any fine. This provision specifies a mandatory additional term of probation and is not to be utilized as an alternative in lieu of imprisonment pursuant to subdivision (h) of Section 1170 or in a county jail when that sentence is otherwise appropriate. If the court does not order custody as a condition of probation for a conviction under this section,
the court shall specify on the court record the reason or reasons for not ordering custody.
(f)(1)Any person who has been convicted of a misdemeanor violation of this section, and who, within five
years after the conviction, owns, possesses, maintains, has custody of, resides with, cares for, or works or volunteers with any animal is guilty of a public offense, punishable by a fine of one thousand dollars ($1,000).
(2)Any person who has been convicted of a felony violation of this section, and who, within 10 years after the conviction, owns, possesses, maintains, has custody of, resides with, cares for, or works or volunteers with any animal is guilty of a public offense, punishable by a fine of one thousand dollars ($1,000).
(g)
(e) (1) Any authorized officer investigating a violation of this section may seize an animal that has been used in the commission of an offense to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the offense.
(2) Any animal seized pursuant to this subdivision shall be promptly taken to a shelter facility or veterinary clinic to be examined by a veterinarian for evidence of sexual contact. The animal shall be maintained at such a facility until disposition by the court or until a decision has been made to not file a complaint.
(3) Upon the conviction of a person charged with a violation of this section, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to
be forfeited and shall thereupon be transferred to the impounding officer or appropriate public entity for proper adoption or other disposition. A person convicted of a violation of this section shall be personally liable to the seizing agency for all costs of impoundment from the time of seizure to the time of proper disposition. Upon conviction, the court shall order the convicted person to make payment to the appropriate public entity for the costs incurred in the housing, care, feeding, and treatment of the seized or impounded animals. Each person convicted in connection with a particular animal may be held jointly and severally liable for restitution for that particular animal. The payment shall be in addition to any other fine or sentence ordered by the court.
(4) Except as otherwise specified in this section, if an animal is
seized pursuant to paragraph (1), the disposition, care, or the responsibility for the financial cost of animals seized shall be in accordance with the provisions of Section 597.1.
(h)Prosecution under this section shall not preclude prosecution under any other law.