TEXAS legislation regarding BESTALITY

April 18, 2017

TEXAS legislation regarding BESTALITY

HB1087  –  http://www.legis.state.tx.us/BillLookup/Actions.aspx?LegSess=85R&Bill=HB1087

SB1232  –  http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=SB1232

 

I have checked the text of both bills – the following is in the latest versions in/out of committee that I can find.

 

HB1087 Penal Code amendment

Sec. A 21.09.BESTIALITY. (a) A person commits an offense if the person knowingly:

(1)engages in an act involving contact between:

…..

(2)fondles or touches the anus or genitals of an animal, including touching through clothing

 

…It is a state jail felony offense under this act

 

…it is a defense to prosecution under this act that the conduct the actor is engaged in is a generally accepted and otherwise lawful animal husbandry or veterinary practice.

 

So if I carry my dog, dog sits on my lap, lays on my chest, sits on my leg, or if I lift my dog in and out of a car/truck/boat, scratch a male dog’s belly, wrestling, and even some trick training, I may be committing a felony under HB1087/SB1232.

 

Are there generally accepted animal husbandry practices for pets(thought animal husbandry was for livestock)? I sure hope that involves –

  1. Washing – I don’t not washALL OF MY dogs body – genitals included – so I knowingly touch them to wash them
  2. Grooming, clipping, especially sanitary clips – I sometimes trim my dogs hair for dog shows and yes that includes trimming around their genitals – male & female
  3. Performing mole, tick or flea checks – fleas & ticks don’t know about the genital area being forbidden so they go there which requires me to touch the genital area to remove and kill them.
  4. Collecting urine samples prior to a vet visit
  5. Applying medications to kill parasites – all over the animals body including genitals

 

While the statute requires you to knowingly touch, it is the definition of knowingly that is problematic. Tex Penal Code 6.03(B) A person acts knowingly…when he is aware of the nature of his conduct or that the circumstances exist. …when he is aware that his conduct is reasonably certain to cause the result.

 

Obviously a defendant under this proposed statute is going to argue the conduct was not knowingly. And is going to use the defense of animal husbandry or veterinary practice, but why do we need to get to this point?

 

I’d say if your dog sits on you, the result is a felonious touching. Likewise, if  you wrestle, carry, or lift a dog, you know you are reasonably certain to touch your animal’s genitals. You’re not fondling them. It’s just a likely result of interacting with the dog. When a male dog roles over for belly love, it is not unusual to place your hand in the wrong place, or for the dog to move. You KNOW it’s likely to happen. The conduct seems accidental, but under the law when you are aware that your conduct is reasonably certain to cause the result (in this case touching), you knowingly commit the act.

 

Let’s not forget that the defense to the felony (animal husbandry or veterinary practice) has to be proven.

 

I am totally against real bestiality that I would define as any sexual act between a person and animal.

But where did all this other come from?

Have we had an outbreak of real bestiality?

Don’t the Texas animal cruelty laws already address this?

 

If this passes to law you are taking away my ability to care for my animals under the threat of being charged with a felony  –

Not acceptable to me

I cannot live in Austin for the session and rely on my elected officials to keep me informed of legislation.

But this legislation has gone all the way thru hearings and out of committees without me being notified or able to respond.

 

I do hope some or all of you will respond to this email and kill this legislation that would punish me for taking care of and loving my animals.