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Bestiality and the Law

NOTICE: We're NOT jurists, so nothing found on this page should be taken as legal advice. If you want legal advice, find a lawyer.

International laws against bestiality

Australia Laws are determined at the state level. Illegal in much of the country, other than Australian Capital Territory and Jervis Bay Territory which do not explicitly outlaw it.

Belgium Legal. However the spreading of zoosexual pornography is not according to a court ruling in 2006 against a man who frequently had sex with dogs in a shelter he had worked for. He was acquitted from the charge of animal abuse and was only found guilty of violating public decency by spreading zoosexual pornographic material he had made at the shelter, which he did mainly via his website under the nickname Freki. The Belgian animal rights organisation Gaia, which filed the complaint, appealed unsuccessfully against the court ruling.

Cambodia Legal. As of 2005 police released a man suspected of zoosexual activity stating that while unusual, falling in love with a dog is not illegal.

Canada Illegal (section 160 forbidding "bestiality". The term is not defined, so it is not quite clear what it might cover)

Denmark Legal. A 2006 bid by the Danish People's Party to outlaw bestiality failed after the a report by the Danish Animal Ethics Council determined that existing laws were sufficient protection against abuse.[citation needed]

Finland Legal.

France Possibly illegal since 2004, law is unclear, no court cases since. Article 521-1 of the code pénal states : The act, be it public or not, of causing maltreatment of a severe or of a sexual nature to an animal(...) is punished by 2 years imprisonment and 30,000 � fine. It is unclear whether sexual intercourse constitutes maltreatment. Corridas and cock fights are still legal however in regions historically affiliated with such practices. From 1791 to 2004 it was legal to harm animals in a sexual manner as long as it was not severe. Before 1791 bestiality was punished by death to the human and animal perpetrators.

Germany Legal. Sex with animals is not specifically outlawed (but trading pornography showing it is, cf. �184a StGB). In West Germany, the law making it a crime (�175b StGB, which also outlawed homosexual acts) was removed in 1969. East Germany before reunification had no law against zoosexual activity; zoosexual pornography, however, was very restricted. Certain barriers are set by the Animal Protection Law (Tierschutzgesetz).

Ghana Illegal. As of 2006 "Unnatural carnal knowledge" is not permitted under the Ghana criminal code. This includes "homosexuality, lesbianism and bestiality"

Mexico Legal. (Carl Franz, "The People's Guide to Mexico", 1988. pg. 398)

Netherlands Legal.

New Zealand Illegal, under a variety of sections contained in the Crimes Act 1961. Section 143, makes "bestiality" an offence, but as in Canada, the meaning of bestiality is derived from case law. There are also associated offences of indecency with an animal (section 144) and compelling an indecent act with an animal (section 142A). It is interesting to note that in the 1989 Crimes Bill considered abolishing bestiality as a criminal offence, and for it to be treated as a mental health issue. In Police v Sheary (1991) 7 CRNZ 107 (HC) Fisher J considered that "the community is generally now more tolerant and understanding of unusual sexual practices that do not harm others."

Norway Legal. It was formerly illegal, but made legal in 1972 together with making homosexuality legal.

Sweden Legal. It was formerly illegal, but made legal in 1944 together with making homosexuality legal. A 2005 report by the Swedish Animal Welfare Agency for the Swedish government expressed strong concerns over the increase in reports of horse-ripping incidents, although noting that "the rise in documented cases did not necessarily mean that there was a de facto increase", and distinguished zoosexual activity from incidents involving physical injury (zoosadism). The Animal Welfare Agency gave as its opinion that current animal cruelty legislation needed updating as it was not sufficiently protecting animals from abuse, but concluded that on balance it was not appropriate to call for a ban.

United Kingdom Illegal. However the Sexual Offences Act 2003 section 69 reduced the sentence to a maximum of 2 years imprisonment for penile penetration of or by an animal.

United States As with Australia, laws are determined at the state level. Many U.S. states explicitly outlaw sex with animals (sometimes under the term of "sodomy" or "unnatural crime against nature"). Others do not.

Many U.S. state laws against "sodomy" (generally in the context of heterosexual sodomy, oral sex, anal sex and all homosexual conduct) were repealed or struck down by the courts in Lawrence v. Texas, which ruled that perceived moral disapproval on its own was an insufficient justification for banning a private act. On the other hand, the 2004 conviction of a man in Florida (State vs. Mitchell) demonstrated that even in states with no specific laws against zoosexual acts, animal cruelty statutes would instead be applied, and Muth v. Frank showed that some courts might be "desperate to avoid the plain consequences" of Lawrence and may make "narrow and strained" efforts to avoid seeing it as relevant to other consensual private acts beyond the realm of homosexuality.

Finally, the 1999 Philip Buble case showed that when a self-confessed zoophile is assaulted and the assault is motivated by his zoophilia (ie hate crime), a jury can convict the assailant and a judge give a stern sentence, despite the controversial nature of the cause.

Zambia Illegal. Penal code Cap 87 Section 115 forbids homosexuality and other "Unnatural Offences" including "carnal knowledge of an animal".



US laws against bestiality

Legality by State
Please note: State laws change frequently so not all information may be current.

Penal codes are cited where applicable.

Bestiality is legal (or at least not expressly outlawed) in these U.S. states:

Alaska
Arizona
Colorado
Connecticut
Florida
Hawaii
Iowa
Kentucky
Louisiana
Missouri
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
Ohio
Oregon
South Dakota
Texas
Vermont
West Virginia
Wyoming

Bestiality is a confirmed misdemeanor in these states:

California (Penal Code Section 286.5 Misdemeanor)
Minnesota (Minn. Stat. , (1993) Either fine of not more than $3,000 or sentence of not more than 1 year.)
New York (NY CLS Penal (1994) Class A misdemeanor)
Utah (Bestiality 76-9-301.8 Class B Misdemeanor)

Bestiality is a confirmed felony in these states:

Delaware (11 Del. C. (1993) Class D Criminal felony)
Georgia (O.C.G.A. (1994) 1-5 yr. jail sentence)
Idaho (Idaho Code (1994) "length of imprisonment in excess of 5 years is in discretion of court.")
Kansas (K.S.A. (1993) Aggravated crime, sodomy, security level 2 felony)
Maine (17-A M.R.S. 251 (1994) Class C Crime; 3-5 yrs)
Maryland (Unnatural/Perverted Sexual Acts Article 27, Section 553. Up to $1,000 fine, max of 10 years prison)
Massachusetts (Mass. Ann. Laws ch. 272 (1994) Jail sentence of not more than 20 years)
Michigan (MCL (1992) Jail sentence not more than 15 years)
Mississippi (Miss. Code. Ann., Sentence of not more than 10 years)
Montana (Mont. Code. Ann., (1994) 10 year sentence and/or $50,000 fine)
North Carolina (N.C. Gen. Stat. (1994) Class I felony. 3-10 yrs)
Oklahoma (21 Okl. St. (1994) "imprisonment not to exceed 10 years")
Rhode Island (R.I. Gen. Laws (1993) 7-20 years)
South Carolina (S.C. Code Ann. (1993) 5 yrs jail and/or fine of at least $500)
Virginia (Va. Code. Ann. (1994) Class 6 Felony)
Washington D.C. (DC Code (1994) ("Sexual Psychopath" chapter) Fine not more than $1000 and/or sentence of not more than 10 yrs)

Bestiality is illegal in these states but the exact penalty varies or is unconfirmed:

Alabama (Code of Ala. (1994) "sodomy in 1st degree" criminal offense)
Arkansas (Ark. Stat. Ann. (1994) "sodomy in 1st degree" criminal offense)
Illinois (720 ILCS 5/12-12 (1994) Crime)
Indiana (Burn Ind. Code. Ann. (1994))
North Dakota (N.D. Cent. Code , 12.1-20-07, 12.1-20-12 (1993) Various penalties, & can be considered either "gross sexual imposition", "sexual assault" or "deviate sexual act")
Pennsylvania (18 Pa. C. S. , 3123 and 3124 (1994))
Tennessee (Tenn. Code. Ann. (1994))
Wisconsin (Wis. State. (1993))

You can check updates of legal info on pasadosafehaven.org/LEGISLATION/legality_by_state.htm and find some more info on / and in .

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