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*sb0360*
SENATE BILL 360
E1 (6lr2682)
ENROLLED BILL
— Judicial Proceedings/Judiciary —
Introduced by Senator Henson Senators Henson, Smith, Waldstreicher, West,
McKay, Love, and Charles
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Criminal Law – Emergency Response Animal – Prohibited Actions Against 2
FOR the purpose of repealing the prohibition against intentionally inflicting bodily harm, 3
permanent disability, or death on an animal owned or used by a law enforcement 4
unit; prohibiting a person from harassing, interfering with, injuring, or killing or 5
causing serious physical injury to an emergency response animal; and generally 6
relating to law enforcement animals. 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Law 9
Section 10–606 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12
2 SENATE BILL 360
BY adding to 1
Article – Criminal Law 2
Section 10–606.1 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2025 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Criminal Law 8
10–606. 9
(a) (1) In this section, “sexual contact with an animal” means any act: 10
(i) involving: 11
1. a person touching the sex organ or anus of an animal; 12
2. contact between: 13
A. the sex organ or anus of a person an d the mouth, sex 14
organ, or anus of an animal; or 15
B. the sex organ or anus of an animal, and the mouth, sex 16
organ, or anus of a person; or 17
3. insertion of: 18
A. any part of the body of a person into the opening of the 19
vagina or anus of an animal; 20
B. any part of an animal’s body into the opening of the vagina 21
or anus of a person; or 22
C. any object into the opening of the vagina or anus of an 23
animal; and 24
(ii) committed for the purpose of sexual arousal, sexual gratification, 25
abuse, or financial gain. 26
(2) “Sexual contact with an animal” does not include: 27
(i) an accepted veterinary practice; 28
(ii) artificial insemination of an animal for reproductive purposes; 29
SENATE BILL 360 3
(iii) accepted animal husbandry practices, including: 1
1. grooming; 2
2. raising; 3
3. breeding; 4
4. assisting with the birthing process; or 5
5. any other activity that provides care for an animal; or 6
(iv) generally accepted practices relating to the judging of breed 7
confirmation. 8
(b) A person may not: 9
(1) intentionally: 10
(i) mutilate an animal; 11
(ii) torture an animal; 12
(iii) cruelly beat an animal; 13
(iv) cruelly kill an animal; or 14
(v) engage in sexual contact with an animal; OR 15
(2) cause, procure, or authorize an act prohibited under item (1) of this 16
subsection[; or 17
(3) except in the case of self –defense, intentionally inflict bodily harm, 18
permanent disability, or death on an animal owned or used by a law enforcement unit]. 19
(c) (1) A person who violates this secti on is guilty of the felony of aggravated 20
cruelty to animals and on conviction is subject to imprisonment not exceeding 3 years or a 21
fine not exceeding $5,000 or both. 22
(2) As a condition of sentencing, the court may: 23
(i) order a defendant convicted of violating this section to: 24
1. participate in and pay for psychological counseling; and 25
4 SENATE BILL 360
2. pay, in addition to any other fines and costs, all reasonable 1
costs incurred in removing, housing, treating, or euthanizing an animal confiscated from 2
the defendant; and 3
(ii) prohibit a defendant from owning, possessing, or residing with 4
an animal for a specified period of time. 5
10–606.1. 6
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(2) “EMERGENCY RESPONSE ANIMAL” MEANS: 9
(I) A DOG USED BY A LAW ENFORCEMENT UNIT IN THE STATE 10
THAT IS TRAINED FOR LAW ENFORCEMENT WORK AND IS SUBJECT TO THE CONTROL 11
OF A LAW ENFORCEMENT OFFICER WHO HAS COMP LETED HANDLER TRAINI NG IN 12
ACCORDANCE WITH THE POLICIES OF THE LAW ENFORCEMENT UNIT THAT EMPLOYS 13
THE OFFICER; 14
(II) A HORSE USED BY A LAW ENFORCEMENT UNIT IN THE STATE 15
FOR LAW ENFORCEMENT WORK; OR 16
(III) A SEARCH AND RESCUE DOG TRAINED FOR OR ENGAGED IN 17
AN EFFORT DIRECTED B Y A STATE AGENCY OR A POL ITICAL SUBDIVISION OF THE 18
STATE TO LOCATE OR RESCUE A LOST, INJURED, OR DECEASED INDIVIDUAL; OR 19
(IV) A HORSE USED IN A SEARCH AND RESCUE EFFORT DIRECTED 20
BY A STATE AGENCY OR A POL ITICAL SUBDIVISION O F THE STATE TO LOCATE OR 21
RESCUE A LOST, INJURED, OR DECEASED INDIVIDUAL. 22
(3) “LAW ENFORCEMENT UNIT” HAS THE SAME MEANING STATED IN § 23
10–101 OF THE CRIMINAL PROCEDURE ARTICLE. 24
(3) (4) “SERIOUS PHYSICAL INJU RY” MEANS PHYSICAL INJUR Y 25
THAT CAUSES PERMANENT OR PROTRACTED: 26
(I) DISFIGUREMENT; 27
(II) LOSS OF THE FUNCTION OF ANY BODILY MEMBER OR 28
ORGAN; OR 29
(III) IMPAIRMENT OF THE FU NCTION OF ANY BODILY MEMBER 30
OR ORGAN. 31
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(B) (1) A PERSON MAY NOT INTENTIONALLY HARASS OR INTERFERE WITH 1
AN EMERGENCY RESPONS E ANIMAL DURING THE LAWFUL PERFORMANCE O F THE 2
EMERGENCY RESPONSE ANIMAL’S DUTIES. 3
(2) A PERSON MAY NOT INTEN TIONALLY INJURE AN E MERGENCY 4
RESPONSE ANIMAL. 5
(3) A PERSON MAY NOT VIOLA TE PARAGRAPH (1) OR (2) OF THIS 6
SUBSECTION DURING THE COMMISSION OF A CRIME. 7
(4) A PERSON MAY NOT INTEN TIONALLY KILL OR CAU SE SERIOUS 8
PHYSICAL INJURY TO AN EMERGENCY RESPONSE ANIMAL. 9
(C) (1) A PERSON WHO VIOLATES SUBSECTION (B)(1) OR (2) OF THIS 10
SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO 11
IMPRISONMENT NOT EXC EEDING 1 YEAR OR A FINE NOT E XCEEDING $5,000 OR 12
BOTH. 13
(2) A PERSON WHO VIOLATES S UBSECTION (B)(3) OR (B)(4) OF THIS 14
SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO 15
IMPRISONMENT NOT EXC EEDING 2 YEARS OR A FINE NOT EXCEEDING $15,000 16
$10,000 OR BOTH. 17
(3) A PERSON WHO VIOLATES SUBSECTION (B)(4) OF THIS SECTION IS 18
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPR ISONMENT 19
NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH. 20
(D) A SENTENCE IMPOSED UND ER THIS SECTION MAY BE IMPOSED 21
SEPARATE FROM AND CO NSECUTIVE TO OR CONC URRENT WITH A SENTENCE FOR 22
ANY CRIME BASED ON THE ACT ESTABLISHING THE VIOLATION OF THIS SECTION. 23
(E) (D) (1) NOTHING IN THIS SECTION PROHIBITS A DEFENDANT FROM 24
ASSERTING THE DEFENS E OF NECESSITY OR SELF –DEFENSE TO A CHARGE OF 25
VIOLATING THIS SECTION. 26
(2) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE OF VIOLATING THIS 27
SECTION THAT THE DEFENDANT ACTED REASONABLY TO PREVENT PHYSICAL HARM 28
RESULTING FROM A VIOLATION OF THE MARYLAND USE OF FORCE STATUTE UNDER 29
§ 3–572 OF THE PUBLIC SAFETY ARTICLE. 30
SECTION 2. AND BE IT FU RTHER ENACTED, That this Act shall take effect 31
October 1, 2026. 32