Section 22-1012.02 - Creating or distributing an obscene image of an animal.(a)First degree. A person commits first degree creating or distributing an obscene image of an animal when the person knowingly creates a photo, audio recording, video recording, or audiovisual recording that depicts a real person engaging in actual sexual contact with a real animal.(b)Second degree. A person commits second degree creating or distributing an obscene image of an animal when the person: (1) Knowingly distributes a photo, audio recording, video recording, or audiovisual recording; and(2) Is reckless as to the fact that the photo, audio recording, video recording, or audiovisual recording depict sexual contact with an animal.(c)Defenses. It is an affirmative defense to liability under this section if:(1) The distribution is made in the public interest, including the reporting of unlawful conduct, the lawful and common practices of law enforcement, or legal proceedings; or(2) The photo, audio recording, video recording, or audiovisual recording that depicts the following acts that are otherwise lawful: (A) The practice of veterinary medicine, performed by a licensed veterinarian or a certified veterinary technician under the guidance of a licensed veterinarian;(B) Artificial insemination of animals for the purpose of procreation;(C) Animal husbandry practices, including raising, breeding, or assisting with the birthing process of animals; or(D) Any other practice that provides care for animals or conformation judging.(d)Penalties. A person convicted of: (1) First degree creating or distributing an obscene image of an animal shall be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 180 days, or both.(2) Second degree creating or distributing an obscene image of an animal shall be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 90 days, or both.(e)Definitions. For the purposes of this section, the term: (1) "Sexual contact" means an act between a person and an animal for the purpose of sexual arousal, sexual gratification, abuse, or financial gain that involves: (A) Contact between the sex organs or anus of one and the mouth, anus or sex organs of the other;(B) Touching or fondling by a person of the sex organs or anus of an animal, either directly or through clothing, without a bona fide veterinary or animal husbandry purpose;(C) A transfer or transmission of semen by the person upon any part of the animal; or(D) The insertion, however slight, of a part of a person's body or an object into the vaginal or anal opening of an animal or the insertion of a part of the animal's body into the vaginal or anal opening of the person.(2) "Veterinary purpose" means the necessity to address the medical condition of the animal, such as an existing or recurring illness, infection, disease, injury, or abnormal condition in the claw that compromises the animal's health. The term "veterinary purpose" does not include cosmetic or aesthetic reasons or reasons of convenience in keeping or handling the animal. Added by D.C. Law 24-346,§ 3, 70 DCR 000570, eff. 4/21/2023.