Member

316: After Clause 86, insert the following new Clause— “Animal sexual abuse(1) The Sexual Offences Act 2003 is amended in accordance with subsection (2).(2) For section 69 (intercourse with an animal) substitute—“69 Animal sexual abuse(1) A person commits an offence of animal sexual abuse if they—(a) intentionally engage in sexual activity with an animal, whether penetrative or non-penetrative,(b) cause, coerce or permit another person (including a child) to engage in such activity with an animal, or(c) cause, coerce or permit an animal to be used for the purpose of sexual gratification, whether their own or another’swhether that animal is living or dead.(2) For the purposes of this section, “sexual activity” includes—(a) penetration, or an attempt to penetrate the vagina or anus by a penis or other body part as well as by the use of objects;(b) sexual touching or stimulation of an animal;(c) the sexual stimulation of a person through contact with an animal;(d) any other act undertaken for the purpose of sexual gratification of a person involving or directed at an animal.(3) A person guilty of an offence under this section is liable—(a) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine, or both;(b) on conviction on indictment, to imprisonment for a term not exceeding five years.(4) Where a person is convicted of an offence under subsection (1), the court may make such order as it thinks fit with respect to the animal concerned and any dependent offspring, including—(a) depriving the offender of ownership of the animal and for its disposal, including by sale, gift, rehoming or destruction;(b) appointing a person to carry out, or arrange for the carrying out of, the order.(5) The court may also make an order under this section (a “disqualification order”) in the terms set out in section 34(2) of the Animal Welfare Act 2006, prohibiting the offender from one or more of the following—(a) owning animals;(b) keeping animals;(c) participating in the keeping of animals;(d) being party to an arrangement under which they are entitled to control or influence the way in which animals are kept;(e) dealing in animals;(f) transporting animals.(6) A disqualification order under subsection (5)—(a) must specify the period for which it has effect, including for life, and(b) shall be treated for all purposes as if made under section 34 of the Animal Welfare Act 2006. (7) A court by or before which a person is convicted of an offence under this section may also order that the offender be subject to the notification requirements of Part 2 of this Act.(8) Where a court decides not to make an order under subsection (4), (5) or (7) in relation to an offender, it must—(a) give its reasons for the decision in open court, and(b) if it is a magistrates’ court, cause them to be entered in the register of its proceedings.”.(3) The Criminal Justice and Immigration Act 2008 is amended as follows.(4) In section 63 (extreme pornographic images), omit subsection (7)(d) and insert—“(d) a person engaging in sexual activity with an animal whether dead or alive, whether penetrative or non-penetrative,”.(5) In section 67(5)(a) (penalties etc. for extreme pornographic images), after “63(7)(a)” omit “or (b)” and insert “, (b) or (d)”.(6) After section 67(5), insert—“(6) Where a person is convicted of an offence under section 63(7)(d), the court may make such order as it thinks fit with respect to the animal concerned and any dependent offspring, including—(a) depriving the offender of ownership of the animal and for its disposal, including by sale, gift, rehoming or destruction;(b) appointing a person to carry out, or arrange for the carrying out of, the order.(7) The court may also make an order in relation to an offence under section 63(7)(d) (a “disqualification order”) in the terms set out in section 34(2) of the Animal Welfare Act 2006, prohibiting the offender from one or more of the following—(a) owning animals;(b) keeping animals;(c) participating in the keeping of animals;(d) being party to an arrangement under which they are entitled to control or influence the way in which animals are kept;(e) dealing in animals;(f) transporting animals.(8) A disqualification order under subsection (7)—(a) must specify the period for which it has effect, including for life, and(b) shall be treated for all purposes as if made under section 34 of the Animal Welfare Act 2006.(9) A court by or before which a person is convicted of an offence under section 63(7)(d) may also order that the offender be subject to the notification requirements of Part 2 of the Sexual Offences Act 2003.(10) Where a court decides not to make an order under subsection (6), (7) or (9) in relation to an offender, it must—(a) give its reasons for the decision in open court, and(b) if it is a magistrates' court, cause them to be entered in the register of its proceedings.”.(7) In section 34(10) of the Animal Welfare Act 2006, at end insert, “and section 69 of the Sexual Offences Act 2003 and section 67(7) of the Criminal Justice and Immigration Act 2008.”.”Member’s explanatory statement This amendment expands and clarifies two distinct but related offences: 1. Animal sexual abuse offences – covering direct acts of sexual abuse or exploitation of animals; and 2. Offences involving images of animal sexual abuse – covering the creation, possession, and distribution of extreme pornographic material depicting sexual acts with animals.