MARVIN MANDEL, Governor

1535

SEXUAL PRACTICE WITH AN ANIMAL.

(B)    AN INDICTMENT FOR VIOLATION OF THIS SECTION IS
SUFFICIENT IF IT SETS FORTH THAT THE DEFENDANT COMMITTED
A CERTAIN UNNATURAL AND PERVERTED SEXUAL PRACTICE WITH AN
ANIMAL.

[[(C) A PERSON CONVICTED OF VIOLATING THIS SECTION
MAY NOT BE FINED MOPE THAN $1,000 OR IMPRISONED FOR MORE
THAN TEN YEARS OR BOTH.]]

(C)    ANY PERSON WHO VIOLATES ANY PROVISION OF THIS

SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS

SUBJECT TO A FINE OF NOT MORE THAN $1000 FOR EACH
OFFENSE.]]

(A) IN THIS SUBHEADING, THE FOLLOWING WORDS HAVE
THE MEANINGS INDICATED.

(B) "MENTALLY DEFECTIVE" MEANS A VICTIM WHO

SUFFERS FROM A MENTAL DISORDER WHICH__PERMANENTLY OR

TEMPORARILY RENDERS THE VICTIM SUBSTANTIALLY INCAPABLE OF
APPRAISING THE NATURE OF HIS OR HER CONDUCT, OR RESISTING
THE ACT OF VAGINAL INTERCOURSE, A SEXUAL ACT, OR SEXUAL
CONTACT, OR OF COMMUNICATING UNWILLINGNESS TO SUBMIT TO
THE ACT OF VAGINAL INTERCOURSE, A SEXUAL ACT, OR SEXUAL
CONTACT.

(C) "MENTALLY INCAPACITATED" MEANS A VICTIM WHO,
DUE TO THE INFLUENCE OF A DRUG, NARCOTIC OR INTOXICATING
SUBSTANCE, OR DUE TO ANY ACT COMMITTED UPON THE VICTIM
WITHOUT THE VICTIM'S CONSENT OR AWARENESS, IS RENDERED
SUBSTANTIALLY INCAPABLE OF EITHER APPRAISING THE NATURE

OF HIS OR HER CONDUCT, OR RESISTING THE ACT OF VAGINAL

INTERCOURSE, A SEXUAL ACT, OR SEXUAL CONTACT.

(D)    "PHYSICALLY HELPLESS" MEANS (1)__A__VICTIM WHO

IS UNCONSCIOUS; OR (2) A VICTIM WHO DOES NOT CONSENT TO

AN ACT OF VAGINAL INTERCOURSE, A SEXUAL ACT, OR SEXUAL

CONTACT, AND IS PHYSICALLY UNABLE TO RESIST AN ACT OF

VAGINAL INTERCOURSE, A SEXUAL ACT, OR SEXUAL CONTACT OR
COMMUNICATE UNWILLINGNESS TO SUBMIT TO AN ACT OF VAGINAL
INTERCOURSE, A SEXUAL ACT, OR SEXUAL CONTACT.

(E) "SEXUAL ACT" MEANS CUNNILINGUS, FELLATIO,

ANALINGUS, OR ANAL INTERCOURSE, BUT DOES NOT INCLUDE

VAGINAL INTERCOURSE. EMISSION OF SEMEN IS NOT REQUIRED.

PENETRATION, HOWEVER SLIGHT, IS EVIDENCE OF ANAL

INTERCOURSE. SEXUAL ACT ALSO MEANS__THE PENETRATION,

HOWEVER SLIGHT, BY ANY OBJECT INTO THE GENITAL OR ANAL

OPENING OF ANOTHER PERSON'S BODY IF THE PENETRATION CAN
BE REASONABLY CONSTRUED AS BEING FOR THE PURPOSES OF
SEXUAL AROUSAL OR GRATIFICATION OR FOR ABUSE OF EITHER
PARTY AND IF THE PENETRATION IS NOT FOR ACCEPTED MEDICAL

PURPOSES.