Sexual Assault of Animal (Bestiality) PC 286.5 Illegal Sex with Animals. California Criminal Defense Lawyers Explain CA Penal Code 286.5 PC (Bestiality).
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In California, it is illegal to have sexual intercourse with an animal (PC 286.5 & Calcrim 1181).
Note: Currently, all states except West Virginia have laws that prohibit sexual contact with animals for sexual gratification or sexual abuse purposes.
Sexual intercourse with an animal, sometimes called “bestiality,” refers to sexual gratification, abuse, or financial gain, derived by sexual penetration with object of an animal, sexual sodomy of animal (anal sex), sexual oral copulation of an animal (oral sex), or sexual intercourse with an animal.
Animal Defined: PC 286.5 defines a “animal” as any nonhuman creature, whether alive or dead, including dogs, cats, farm animals (sheep, goats, pigs, etc.), domesticated animals (pets), etc. (PC 286.5(c)(1) Abbrev.).
Veterinarian Medicine: PC 286.5 does not apply to lawful and accepted practice related to veterinary medicine performed by licensed veterinarians or certified technicians, or under the guidance of licensed veterinarians, or accepted practices related to artificial insemination and birthing of animals for reproductive purposes (animal husbandry) [PC 286.5(b) Abbrev.].
PC 286.5 Penalties
Misdemeanor Crime: Sexual assault of an animal is classified as a misdemeanor (as opposed to an infraction or felony).
Jail Sentence: Upon criminal conviction for PC 286.5, the criminal defense could face up to one hundred eighty (180) days in the county jail, or a misdemeanor probation sentence (See Probation Sentence).
Probation Sentence: A probation sentence is a period of supervision, as opposed to a jail sentence. After conviction for PC 286.5 (Sex with Animal), the defendant could face a probation sentence up to one year.
A probation sentence after a conviction for sexual assault of an animal will include “probation terms” designed o both punish and rehabilitate the probationer. If the probationer fails to obey the orders of his or her probation sentence (Violation of Probation), then he or she could face jail time.
Sex Offender Registration: Generally, sex offender registration pursuant to CA Penal Code 290 is not required after a conviction for sexual assault with an animal (bestiality).
Note: If the judge has discretion to order sex offender registration after a PC 286.5 conviction if the judge determines that the defendant’s crime was motivated by sexual gratification or sexual compulsion (PC 290.006).
Animal Confiscation & Costs: Per penal code 286.5, law enforcement may seize an animal where Probable Cause exists to believe the animal has been sexually assaulted.
Upon conviction of the defendant, the animal may be permanently seized and impounded and/or placed for animal adoption at defendant’s cost (PC 286.5(c)(3)).
Additional Penalties: In addition to any jail or probation sentence, if found guilty of having sex with an animal (sexual assault of anima), the defendant could face restitution, court fines/penalties and fees, civil lawsuits, criminal protective orders, immigration consequences, military service consequences, professional licensing consequences, and more.
Note: Prosecution under PC 286.5 does not preclude prosecution for related crimes, such as animal cruelty or neglect (PC 597).
PC 286.5 Defense
Common defenses to sexual assault of an animal (PC 286.5(a)) include insufficient evidence to prove sexual contact with animal (sexual gratification of defendant or sexual abuse of animal), licensed veterinarian practice, illegal search and seizure, coerced confession, insanity, violation of Miranda Rights, and more.
Diversion: In some sexual assault of animal cases, if might be possible for the defendant to have his criminal prosecution diverted (i.e., circumvented). A diverted prosecution results in no criminal conviction upon completion of the defendant’s diversion terms.
For more information, see Judicial Diversion (PC 1001.95), Military Diversion (PC 1001.80), & Mental Health Diversion (PC 1001.36).
Note: Possession of bestiality video or pictures is not illegal, but distributing, selling, buying, soliciting for, or producing sex with animal videos and pictures is illegal.
Post-Conviction Relief: After conviction for sexual assault of animal (bestiality), the defendant may have several post-conviction options, depending on the circumstances, including appeal the misdemeanor conviction, withdraw a guilty or no contest plea (PC 1018), terminate probation early (PC 1203.3), expunge the conviction (PC 1203.4).
For more information on the crime of sex with animal (bestiality), or PC 286.5, contact our California criminal defense lawyers for a free and discreet consultation.
Our aggressive and passionate criminal defense lawyers have successfully handled thousands of misdemeanor and felony criminal charges in the Inland Empire, including crimes against animals. Call today!
909-913-3138
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