1. A person commits the crime of bestiality if the person knowingly and intentionally:
(a) Engages in sexual conduct with an animal;
(b) Causes another person to engage in sexual conduct with an animal or aids or abets another person in engaging in sexual conduct with an animal;
(c) Permits any sexual conduct with an animal to be conducted on any premises under the control of the person;
(d) Engages in, organizes, promotes, conducts, advertises, aids, abets, participates in and is physically present as an observer, or performs any service in the furtherance of an act involving any sexual conduct with an animal; or
(e) Photographs or films, for purposes of his or her sexual gratification or the sexual gratification of another person, a person engaged in sexual conduct with an animal.
2. A person who commits the crime of bestiality is guilty of:
(a) If the crime does not cause the death of or serious bodily injury to an animal involved in the crime and the person has not previously been convicted of a violation of NRS 574.100 punishable as a felony, a gross misdemeanor.
(b) If the crime causes the death of or serious bodily injury to an animal involved in the crime or if the person has previously been convicted of a violation of NRS 574.100 punishable as a felony, a category D felony and shall be punished as provided in NRS 193.130.
3. In addition to any other penalty imposed by the court, the court shall order a person convicted of the crime of bestiality to comply with the following:
(a) Relinquishing and permanently forfeiting ownership or possession of all animals which are in the same household as the person to an animal shelter, an organization that takes into custody animals which have been abused or neglected, or a society for the prevention of cruelty to animals established pursuant to NRS 574.010.
(b) Not harboring, owning, possessing, keeping or exercising control over any animal, not residing in any household where an animal is present and not working at or volunteering for a business, animal shelter or other place where the person may access an animal, for a period determined by the court.
4. In addition to any other penalty imposed by the court, the court may order a person convicted of the crime of bestiality to comply with any or all of the following:
(a) Undergoing a psychological evaluation and any recommended counseling, including, without limitation, any counseling for the treatment of substance abuse, and to pay the expenses for the psychological evaluation and any recommended counseling.
(b) Paying all reasonable costs incurred for the care and maintenance of the animal involved in the crime and any other animal relinquished by the person to an animal shelter, an organization that takes into custody animals which have been abused or neglected, or a society for the prevention of cruelty to animals established pursuant to NRS 574.010.
(c) If the person convicted of the crime of bestiality is not the owner of the animal involved in the crime, reimbursing the owner of the animal for all medical expenses incurred for treating the animal.
5. As used in this section:
(a) “Animal” means every living creature other than a human being.
(b) “Animal shelter” has the meaning ascribed to it in NRS 574.240.
(c) “Licensed veterinarian” has the meaning ascribed to it in NRS 638.007.
(d) “Sexual conduct”:
(1) Means any sexual act involving:
(I) The genitalia of a person and the genitalia, anus or mouth of an animal;
(II) The genitalia of an animal and the genitalia, anus or mouth of a person;
(III) Any insertion, however slight, of any part of the body of a person or of a foreign object into the genitalia or anus of an animal; or
(IV) Any touching or fondling by a person, directly or indirectly through clothing, of the genitalia or anus of an animal.
(2) Does not include:
(I) Any accepted practice of animal husbandry which provides care for an animal;
(II) Any accepted method of insemination of an animal for the purpose of procreation;
(III) Any accepted practice relating to conformation judging; or
(IV) Any accepted medical procedure performed by a licensed veterinarian while engaging in the practice of veterinary medicine or by his or her employee while acting under his or her supervision.
Credits
Added by Laws 2017, c. 86, § 1, eff. Oct. 1, 2017.