(a) "Animal" means a nonhuman mammal, bird, fish, reptile, or amphibian, either dead or alive for purposes of this section.
(b) "Sexual conduct" means either of the following committed for the purpose of sexual gratification:
(1) Any act done between a person and animal that involves contact of the penis of one and the vulva of the other, the penis of one and the penis of the other, the penis of one and the anus of the other, the mouth of one and the penis of the other, the mouth of one and the anus of the other, the vulva of one and the vulva of the other, the mouth of one and the vulva of the other, any other contact between a reproductive organ of one and a reproductive organ of the other, or any other insertion of a reproductive organ of one into an orifice of the other.
(2) Without a bona fide veterinary or animal husbandry purpose to do so, the insertion, however slight, of any part of a person's body or any instrument, apparatus, or other object into the vaginal, anal, or reproductive opening of an animal.
(c) No person shall knowingly engage in sexual conduct with an animal or knowingly possess, sell, or purchase an animal with the intent that it be subjected to sexual conduct.
(d) No person shall knowingly organize, promote, aid, or abet in the conduct of an act involving any sexual conduct with an animal.
(e) Whoever violates this section is guilty of bestiality, a misdemeanor of the first degree.
(1) The Court may order a person who is convicted of or pleads guilty to a violation of this section to forfeit to an impounding agency, as defined in Section 505.073 of the Codified Ordinances of the City of Warren, any or all of the animals in that person's ownership or care. The Court also may prohibit or place limitations on the person's ability to own or care for any animals for a specified or indefinite period of time.
(2) A Court may order a person who is convicted of or pleads guilty to a violation of this section to reimburse an impounding agency for the reasonable necessary costs incurred by the agency for the care of an animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid.
(3) If a Court has reason to believe that a person who is convicted of or pleads guilty to a violation of this section suffers from a mental or emotional disorder that contributed to the violation, the Court may impose as a community control sanction or as a condition of a probation a requirement that the offender undergo psychological evaluation or counseling. The Court shall order the offender to pay the costs of the evaluation or counseling.
(Ord. 12659/16. Passed 6-22-16.)
(Ord. 12659/16. Passed 6-22-16.)