Legality of bestiality in the United States

Legality of bestiality in the United States:
  Bestiality is legal
  Bestiality is a misdemeanor
  Bestiality is a misdemeanor or a felony
  Bestiality is a felony
Legality of sale and distribution of zoophilic pornography in the United States:
  Sale and distribution of zoophilic pornography is legal
  Unknown status
  Sale and distribution of zoophilic pornography is a misdemeanor
  Sale and distribution of zoophilic pornography is a misdemeanor or a felony
  Sale and distribution of zoophilic pornography is a felony
  Sale and distribution of zoophilic pornography is illegal; unknown punishment
Legality of zoophile porn in the United States (possession):
  Zoophile porn is legal
  Unknown status
  Zoophile porn is a misdemeanor
  Zoophile porn is illegal; unknown punishment
Sex offender registries applying to bestiality convictions in the United States:
  Sex offender registry does not apply to bestiality convictions
  Sex offender registry does apply to bestiality convictions
Animal abuse registries applying to bestiality convictions in the United States:
  No animal abuse registry
  Animal abuse registry applies to bestiality convictions

Legality of bestiality in the United States looks at the laws prohibiting bestiality in the United States of America. The legality of sex with animals has been steadily decreasing over the past 20 years. As of February 10, 2018, 45 states and 2 territories ban sex with animals, while 5 states and the District of Columbia have decriminalized it (due to repeal of sodomy laws).[1] In 2017, five states (Texas, Kentucky, West Virginia, Vermont and Nevada) introduced legislation to ban bestiality, with Nevada, Vermont, and Texas enacting laws banning it in 2017.[2][3][4][5][6] New Hampshire and Ohio also banned sex with animals in 2017 (they had 2016 bills which went into effect in 2017).[7][8]

In late 2017, a bill was introduced in Wisconsin which intends to make sex with animals a felony there.[9] In 2018, five bills were introduced to ban sex with animals: in California (the California bill would make sex with animals a felony), Louisiana (criminalizes promoting or encouraging it), Hawaii, Kentucky, and West Virginia.[10][11][12][13][14]

Several states, including Oregon, Washington, Tennessee, Illinois, Florida, Alaska and Ohio, criminalize free speech related to sex with animals (such as promoting or encouraging it).[1] These laws have all been recently enacted.

Ohio has the most lenient prison sentences among states with misdemeanor penalties prohibiting bestiality among any state, with a maximum of 90 days in prison and a $750 dollar fine. Michigan has the most lenient prison sentences among states with minimum felony penalties prohibiting bestiality among any state, with a minimum of 1 day in prison. Maryland has the harshest maximum prison sentences among states with misdemeanor penalties prohibiting bestiality among any state, with a maximum of 10 years in prison and/or a maximum of a $1,000 dollar fine. Rhode Island has the harshest minimum prison sentence among states with felony penalties prohibiting bestiality, with a minimum of 7 years in prison. Idaho and Michigan both have the harshest maximum prison sentences among states with felony penalties prohibiting bestiality among any state, with a maximum of life in prison.

Advocacy organizations in the United States

Pro-zoophilia organizations in the United States

At the 1969 Libertarian Conference held in New York City, New York, Murray Rothbard claimed a Neo-Randian group called Students of Objectivism for Rational Bestiality existed. These so-called "Bestiality Boys" promoted what they called "Rational Bestiality". Their contention was that "bestiality is illegal because humans are irrational animals and that, if humans were rational, citizens would not be arrested and jailed for engaging in sexual acts with the animals they own."[15][16]

Anti-zoophilia organizations in the United States

The Humane Society of the United States is one of the leading American organizations to criminalize bestiality in the United States.[17]

Legality of bestiality in the United States of America

Federal law

Laws against bestiality and sodomy in the United States are largely a matter of state rather than federal jurisdiction, except for laws governing the District of Columbia and the U.S. Armed Forces. There is no federal law which explicitly prohibits sex between humans and animals.[18]

The only federal law prohibiting zoophilic pornography, is 18 USC 2256, which prohibits distribution in interstate commerce and on federal property of child pornography of a minor under 18 years old engaging in "sexually explicit conduct" of bestiality.[19]

The Constitutional definition of obscenity was narrowed by the US Supreme Court in the 1985 case Brockett v. Spokane Arcades, Inc., which the court endorsed the Model Penal Code of obscenity. The Model Penal Code prohibition against deviate sexual intercourse includes "sexual intercourse per os or per anum between human beings who are not husband and wife, and any form of sexual intercourse with an animal." Federal law does not ban obscenity outright; it leaves this to state and local law. Federal statutes prohibit, among other things, the transmission of obscene matter as defined by state law, in interstate commerce and on federal land.[20]

Private Internet connections in the United States are not subject to censorship imposed by the government. However, private businesses, schools, libraries, and government offices may use filtering software at their discretion, and in such cases courts have ruled the use of such software does not violate the First Amendment.[21]

District of Columbia

In 1801, Congress enacted the District of Columbia Organic Act of 1801 that continued all criminal laws of Maryland and Virginia in the now formally structured District, with those of Maryland applying to that portion of the District ceded from Maryland, and those of Virginia applying to that portion ceded from Virginia. At the time, Maryland had a sodomy law applicable only to free males with a punishment of "labor for any time, in their discretion, not exceeding seven years for the same crime, on the public roads of the said county, or in making, repairing or cleaning the streets or bason [sic] of Baltimore-town" and the death penalty for slaves committing sodomy, while Virginia had a penalty of 1–10 years for free persons committing sodomy, but had the death penalty for slaves committing sodomy. The law went into effect on February 27, 1801.[22]

In 1831, Congress established penalties in the District of Columbia for a number of crimes, but not for sodomy. It specified that "every other felony, misdemeanor, or offence not provided for by this act, may and shall be punished as heretofore[.]" At the time, Maryland and Virginia had a penalty of 1–10 years for committing sodomy. It went into effect in March 2, 1831.[22]

In 1892, Congress passed a law for the District of Columbia that states that "for the preservation of the public peace and the protection of property within the District of Columbia." Labeled in the law as vagrants were "all public prostitutes, and all such persons who lead a notoriously lewd or lascivious course of life[.]" All offenders had to post bond of up to $200 for good behavior for a period of six months. The law went into effect on July 29, 1892.[22]

In 1898, Congress deleted the word "notoriously" from the provision concerning a lewd or lascivious course of life, thereby allowing prosecution of those without notoriety. The bond for good behavior was raised to $500, and the law was made clearly gender-neutral. The law went into effect on July 8, 1898.[22]

In 1901, Congress adopting a new code for the District of Columbia that expressly recognized common-law crimes, with a penalty for them of up to five years and/or a $1,000 fine. The law went into effect on March 3, 1901.[22]

In 1935, Congress passed a law for the District of Columbia that made it a crime for "any person to invite, entice, persuade, or to address for the purpose of inviting, enticing, or persuading any person or persons...to accompany, to go with, to follow him or her to his or her residence, or to any other house or building, inclosure, or other place, for the purpose of prostitution, or any other immoral or lewd purpose." It imposed a fine of up to $100, up to 90 days in jail, and courts were permitted to "impose conditions" on anyone convicted under this law, including "medical and mental examination, diagnosis and treatment by proper public health and welfare authorities, and such other terms and conditions as the court may deem best for the protection of the community and the punishment, control, and rehabilitation of the defendant." The law went into effect on August 14, 1935.[22]

In 1948, Congress enacted the first sodomy law in the District of Columbia, which established a penalty of up to 10 years in prison or a fine of up to $1,000 for sodomy. Also included with this sodomy law was a psychopathic offender law and a law "to provide for the treatment of sexual psychopaths in the District of Columbia, and for other purposes." The law went into effect on June 9, 1948.[22]

In 1981, after the District of Columbia regained home rule from Congress, it enacted a law that repealed the sodomy law, as well as other consensual acts, and made the sexual assault laws gender-neutral. However, the U.S. House exercised the power that it retained to veto laws passed by the District of Columbia Council. On October 1, 1981, the House voted 281-119 to disallow the new law.[23][24][25][26][27][28] In 1983, one of the House vetoes by Congress were declared unconstitutional by the U.S. Supreme Court in the case of Immigration and Naturalization Service v. Chadha, but the law was repealed by an act of Congress in a revision to the home-rule law required by the Supreme Court decision.[22]

United States Armed Forces

On March 1, 1917, the Articles of War of 1916 are implemented. This included a revision of the Articles of War of 1806, the new regulations detail statutes governing U.S. military discipline and justice. Under the category Miscellaneous Crimes and Offences, Article 93 states that any person subject to military law who commits "assault with intent to commit sodomy" shall be punished as a court-martial may direct.[29]

On June 4, 1920, Congress modified Article 93 of the Articles of War of 1916. It was changed to make the act of sodomy itself a crime, separate from the offense of assault with intent to commit sodomy.[29] It went into effect on February 4, 1921.[30]

On May 5, 1950, the UCMJ was passed by Congress and was signed into law by President Harry S. Truman, and became effective on May 31, 1951. Article 125 forbids sodomy among all military personnel, defining it as "any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient to complete the offence."[29]

On December 1, 2011, the US Senate voted 93-7 in favor of the National Defense Authorization Act for Fiscal Year 2012, which contained in it a provision repealing Article 125 of the UCMJ. The bill died in Congress.[31]

On December 26, 2013, President Barack Obama signed the National Defense Authorization Act for Fiscal Year 2014 into law. The law repealed the ban on consensual sodomy found in Article 125 and added a specific provision in Article 125 of the UCMJ that specifically bans bestiality:[32]

(b) Bestiality.— Any person subject to this chapter who engages in unnatural carnal copulation with an animal is guilty of bestiality and shall be punished as a court-martial may direct. (c) Scope of Offenses.— Penetration, however slight, is sufficient to complete an offense under subsection (a) or (b).

— 10 U.S. Code § 925 - Art 125. Forcible sodomy; bestiality, [33]

On September 16, 2016, President Barack Obama signed Executive Order 13740, which included new provision under the UCMJ to apply anywhere on Earth where the United States Armed Forces military is stationed and will be on a par with states’ animal cruelty statutes. Violations will be separated by “abuse, neglect, or abandonment of an animal” and “bestiality.”[34][35]

Federal government, federal district, or state Bestiality Sale and distribution of zoophilic pornography Ownership of zoophilic pornography
United States United States N/A

Illegal[lower-alpha 1] for armed service members since February 4, 1921[37]

Penalty: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.[38][34]

 N/A[19] N/A[19]
Alabama Alabama Illegal[lower-alpha 2] since July 1, 2014[39]

Penalty: Maximum of 1 year in prison and/or a maximum of a $6,000 dollar fine[40][41][42]

 Illegal[lower-alpha 3] since July 1, 2014[39]

Penalty: Maximum of 1 year in prison and/or a maximum of a $6,000 dollar fine[40][41][42]
Alaska Alaska Illegal[lower-alpha 4] since September 13, 2010[43]

Penalty: Maximum of 1 year in prison; additionally a court may require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal, require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected, or prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years, or all of the above (first offense)
Maximum of 5 years in prison and/or a maximum of a $50,000 dollar fine; additionally a court may require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal, require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected, or prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years, or all of the above (previously convicted on one or more separate occasions within 10 years of the date of the present offense)[44][45][46]

 Illegal[lower-alpha 5] since September 13, 2010[43]

Penalty: Maximum of 1 year in prison; additionally a court may require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal, or require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected, or prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years, or all of the above (first offense)
Maximum of 5 years in prison and/or a maximum of a maximum of a $50,000 dollar fine; additionally a court may require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal, require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected, or prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years, or all of the above (previously convicted on one or more separate occasions within 10 years of the date of the present offense)[44][45][46]
Arizona Arizona Illegal[lower-alpha 6] since September 21, 2006[47]

Penalty: Maximum of 1 year in prison and/or a maximum of a $15,000 dollar fine; additionally a court may require undergoing a psychological assessment and participate in appropriate counseling at the convicted person's own expense, or reimburse an animal shelter for reasonable costs incurred for the care and maintenance of any animal that was taken to the animal shelter as a result of conduct proscribed by subsection A of this section, or all of the above (presumptive term)
Maximum of 2 years in prison and/or a maximum of a $15,000 dollar fine; additionally a court may require undergoing a psychological assessment and participate in appropriate counseling at the convicted person's own expense, or reimburse an animal shelter for reasonable costs incurred for the care and maintenance of any animal that was taken to the animal shelter as a result of conduct proscribed by subsection A of this section, or all of the above (aggravated term)[48][49]

 Illegal[lower-alpha 7]

Penalty: Maximum of 2 years in prison and/or a maximum of a $15,000 dollar fine (presumptive term)
Maximum of 2 years and 6 months in prison and/or a maximum of a $15,000 dollar fine (aggravated term)[50][51][49]
Arkansas Arkansas Illegal[lower-alpha 8] since March 2, 1819[52]

Penalty: Maximum of 1 year in prison and a maximum of a $2,500 dollar fine[53][54]

 Illegal[lower-alpha 9]

Penalty: Maximum of 90 days in prison and a maximum of a $1,000 dollar fine (publicly displaying obscene material for advertising purposes if, for advertising purposes, he or she knowingly displays publicly or causes to be displayed publicly obscene material or permits any display of obscene material on premises owned, rented, or operated by him or her)
Maximum of 6 years in prison and a maximum of a $10,000 dollar fine (promoting obscene materials if he or she knowingly promotes, or has in his or her possession with intent to promote, any obscene material)[55][56][57][54][58]
California California Illegal[lower-alpha 10] since April 13, 1850[59]

Penalty: Maximum of 6 months in prison and/or a maximum of a $5,000 dollar fine[60][61]

 Legal[62][63]
Colorado Colorado Illegal[lower-alpha 11] since July 1, 2007[64]

Penalty: Minimum of 6 months in prison to a maximum of 1 and a half years in prison and/or a minimum of a $500 dollar fine to a maximum of a $5,000 dollar fine; additionally a court may order an evaluation, which requires the convicted to pay the cost of the evaluation, unless the person qualifies for a public defender, to be conducted prior to sentencing to assist the court in determining an appropriate sentence and if the evaluation results in a recommendation of treatment and if the court so finds, the person shall be ordered to complete an anger management treatment program or any other treatment program that the court may deem appropriate.[65][66]

 Illegal[lower-alpha 12]

Penalty: Minimum of 6 months in prison to a maximum of 1 and a half years in prison and/or a minimum of a $500 dollar fine to a maximum of a $5,000 dollar fine (promotes or possesses with intent to wholesale promote any obscene material)
Minimum of 3 months in prison to a maximum of 1 year in prison and/or a minimum of a $250 dollar fine to a maximum of a $1,000 dollar fine (promotion of obscenity)[67][68][66]
Connecticut Connecticut Illegal[lower-alpha 13]

Penalty: Maximum of 1 year in prison and a maximum of a $2,000 dollar fine[69][70]

 Legal[71]
Delaware Delaware Illegal[lower-alpha 14] since July 6, 1993[72]

Penalty: Maximum of 8 years in prison[73][74]

 Legal[75][76]
Washington, D.C. District of Columbia Legal since May 23, 1995[77][78][79][80][81][82][83] Legal[84][85]
Florida Florida Illegal[lower-alpha 15] since October 1, 2011[86]

Penalty: Maximum of 1 year in prison and a $1,000 dollar fine[87][88][89]

 Illegal[lower-alpha 16] since October 1, 2011[86]

Penalty: Maximum of 1 year in prison and a $1,000 dollar fine[87][88][89]
Georgia (U.S. state) Georgia Illegal[lower-alpha 17] since June 1, 1834[90]

Penalty: Maximum of 5 years in prison[91]

 Illegal[lower-alpha 18]

Penalty: Maximum of 1 year in prison and a maximum of a $5,000 dollar fine[92][93]
Hawaii Hawaii Legal[83] Legal[94]
Idaho Idaho Illegal[lower-alpha 19] since April 1, 1972[95]

Penalty: Minimum of 5 years in prison to a maximum of life in prison[96][97]

 Legal[98]
Illinois Illinois Illegal[lower-alpha 20] since January 1, 2003[99]

Penalty: Maximum of 3 years in prison and a $25,000 dollar fine; additionally a court may order the defendant not to harbor animals or reside in any household where animals are present for a reasonable period of time or permanently, relinquish and permanently forfeit all animals residing in the household to a recognized or duly organized animal shelter or humane society, undergo a psychological evaluation and counseling at defendant's expense, reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society, order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation of this Section, or all of the above
Maximum of 5 years in prison and a $25,000 dollar fine; additionally a court may order the defendant not to harbor animals or reside in any household where animals are present for a reasonable period of time or permanently, relinquish and permanently forfeit all animals residing in the household to a recognized or duly organized animal shelter or humane society, undergo a psychological evaluation and counseling at defendant's expense, reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society, order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation of this Section, or all of the above (if committed in the presence of a person under 18 years of age or causes the animal serious physical injury or death)[100][101]

 Illega[lower-alpha 21] since January 1, 2003[99]

Penalty: Maximum of 3 years in prison and a $25,000 dollar fine; additionally a court may order the defendant not to harbor animals or reside in any household where animals are present for a reasonable period of time or permanently, relinquish and permanently forfeit all animals residing in the household to a recognized or duly organized animal shelter or humane society, undergo a psychological evaluation and counseling at defendant's expense, reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society, order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation of this Section, or all of the above
Maximum of 5 years in prison and a $25,000 dollar fine; additionally a court may order the defendant not to harbor animals or reside in any household where animals are present for a reasonable period of time or permanently, relinquish and permanently forfeit all animals residing in the household to a recognized or duly organized animal shelter or humane society, undergo a psychological evaluation and counseling at defendant's expense, reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society, order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation of this Section, or all of the above (if committed in the presence of a person under 18 years of age or causes the animal serious physical injury or death)[100][101]
Indiana Indiana Illegal[lower-alpha 22] since July 1, 2007[102]

Penalty: Minimum of 6 months to a maximum of 2 and a half years in prison and a minimum of a $5,000 dollar fine to a maximum of a $10,000 dollar fine[103][104][105]

 Legal[106]
Iowa Iowa Illegal[lower-alpha 23] since May 16, 2001[107]

Penalty: Maximum of 2 years in prison and a minimum of a $625 dollar fine to a maximum of a $6,250 dollar fine; additionally the court shall require the person to submit to a psychological evaluation and treatment at the person’s expense.[108][109]

 Illegal[lower-alpha 24]

Penalty: Maximum of 2 years in prison and a minimum of a $625 dollar fine to a maximum of a $6,250 dollar fine
Maximum of 5 years in prison and a minimum of a $750 dollar fine to a maximum of a $7,500 dollar fine (second and subsequent violations of this section by a person who has been previously convicted of violating this section)[110][109][111]
Kansas Kansas Illegal[lower-alpha 25] since 1850s[112]

Penalty: Maximum of 6 months in prison and a maximum of a $1,000 dollar fine[113][114]

 Unknown
Kentucky Kentucky Legal[83] Unknown
Louisiana Louisiana Illegal[lower-alpha 26] since May 4, 1805[115]

Penalty: Maximum of 5 years in prison and/or a maximum of a $2,000 dollar; additionally a court may relinquish custody of all animals, prohibited from owning or processing any animal for a period of time as deemed appropriate by the court, but not less than five years, not reside in any household where an animal is present, undergo a psychological evaluation for sex offenders and participate in any recommended psychological treatment, reimburse the owner of the animal for expenses incurred for medical treatment or rehabilitation of the victimized animal if the convicted person is not the owner of the animal, required to participate in a sex offender program, law enforcement officer investigating a violation of this Section may lawfully take possession of an animal that he has reason to believe has been victimized under this Section in order to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the offense, or all of the above (first offense)
Maximum of 10 years in prison and/or a minimum of a $5,000 dollar fine to a maximum of a $25,000 dollar fine; additionally a court may relinquish custody of all animals, prohibited from owning or processing any animal for a period of time as deemed appropriate by the court, but not less than five years, not reside in any household where an animal is present, undergo a psychological evaluation for sex offenders and participate in any recommended psychological treatment, reimburse the owner of the animal for expenses incurred for medical treatment or rehabilitation of the victimized animal if the convicted person is not the owner of the animal, required to participate in a sex offender program, law enforcement officer investigating a violation of this Section may lawfully take possession of an animal that he has reason to believe has been victimized under this Section in order to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the offense, or all of the above (second offense or second offense and next offenses)[116]

 Illegal[lower-alpha 27] since May 25, 2018[117]

Penalty: Maximum of 5 years in prison and/or a maximum of a $2,000 dollar; additionally a court may relinquish custody of all animals, prohibited from owning or processing any animal for a period of time as deemed appropriate by the court, but not less than five years, not reside in any household where an animal is present, undergo a psychological evaluation for sex offenders and participate in any recommended psychological treatment, reimburse the owner of the animal for expenses incurred for medical treatment or rehabilitation of the victimized animal if the convicted person is not the owner of the animal, required to participate in a sex offender program, law enforcement officer investigating a violation of this Section may lawfully take possession of an animal that he has reason to believe has been victimized under this Section in order to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the offense, or all of the above (first offense)
Maximum of 10 years in prison and/or a minimum of a $5,000 dollar fine to a maximum of a $25,000 dollar fine; additionally a court may relinquish custody of all animals, prohibited from owning or processing any animal for a period of time as deemed appropriate by the court, but not less than five years, not reside in any household where an animal is present, undergo a psychological evaluation for sex offenders and participate in any recommended psychological treatment, reimburse the owner of the animal for expenses incurred for medical treatment or rehabilitation of the victimized animal if the convicted person is not the owner of the animal, required to participate in a sex offender program, law enforcement officer investigating a violation of this Section may lawfully take possession of an animal that he has reason to believe has been victimized under this Section in order to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the offense, or all of the above (second offense or second offense and next offenses)[116]
Maine Maine Illegal[lower-alpha 28] since September 21, 2001[118]

Penalty: Maximum of 1 year in prison and a maximum of a $2,000 dollar fine
Maximum of 5 years in prison and a maximum of a $5,000 dollar fine (has 2 or more prior convictions for violations of section 1032 or essentially similar crimes in other jurisdictions)[119][120][121]

 Unknown
Maryland Maryland Illegal[lower-alpha 29] since June 20, 1632[122]

Penalty: Maximum of 10 years in prison and/or a maximum of a $1,000 fine[123]

 Unknown
Massachusetts Massachusetts Illegal[lower-alpha 30] since November 15, 1636 as part of the Plymouth Colony

Illegal[lower-alpha 31] since November 1641 as part of the Massachusetts Bay Colony[124]

Penalty: Maximum of 20 years in prison[125]

 Legal[126]
Michigan Michigan Illegal[lower-alpha 32] since November 4, 1816[127]

Penalty: Maximum of 15 years in prison
Minimum of 1 day in prison to a maximum of life in prison (if such person was at the time of the said offense a sexually delinquent person)[128]

 Unknown
Minnesota Minnesota Illegal since March 3, 1849

Penalty: Maximum of 1 year in prison and $3,000 fine[129][130]

 Unknown
Mississippi Mississippi Illegal since June 1802

Penalty: Maximum of 10 years in prison[131][132]

 Unknown
Missouri Missouri Illegal since August 28, 2002[133]

Penalty: Maximum of 1 year in prison and $1,000 fine[134][135]

 Unknown
Montana Montana Illegal since January 1865

Penalty: Maximum of 10 years in prison and a $50,000 fine[136][137][138]

 Unknown
Nebraska Nebraska Illegal since March 16, 1855

Penalty: Maximum of 3 months in prison and $500 fine[139][140][141]

 Unknown
Nevada Nevada Illegal since October 1, 2017

Penalty: Maximum of 1 year in prison, a $2,000 dollar fine, or both[142][143][144]

 Illegal since October 1, 2017

Penalty: Maximum of 1 year in prison, a $2,000 dollar fine, or both[142][143][144]
New Hampshire New Hampshire Illegal since January 1, 2017

Penalty: Maximum of 12 months in prison, a $2,000 fine, and goes on the New Hampshire sex offender registry (first offense)
Maximum of 7 years imprisonment and a fine of no less than $4000 (second offense)[145][7][146]

 Illegal

Penalty: Maximum of 12 months in prison, a $2,000 fine, and goes on the New Hampshire sex offender registry (first offense)
Maximum of 7 years imprisonment and a fine of no less than $4000 (second offense)[145][7]
New Jersey New Jersey Illegal since November 9, 2015

Penalty: Maximum of 18 months imprisonment, fine up to $10,000, or both[147]

 Unknown
New Mexico New Mexico Legal[83][148] Legal
New York (state) New York Illegal since the 1600s

Penalty:

 Unknown
North Carolina North Carolina Illegal since the time from November 17, 1715 to January 19, 1716

Penalty: Minimum of 3 months in prison to a maximum of 1 year in prison[154][155][156][157][158]

 Illegal

Penalty: Unknown[159][160]
North Dakota North Dakota Illegal since April 28, 1862

Penalty: Maximum of one year in prison and $2,000 fine[161][162][163][164]

 Unknown
Ohio Ohio Illegal statewide since March 19, 2017

Penalty: Maximum of up to 90 days in prison and $750 dollar fine[8][165][166]

Illegal in Warren, Ohio since June 22, 2016

Penalty: Maximum of up to 180 days in prison and $1,000 dollar fine[167][166]

 Unknown
Oklahoma Oklahoma Illegal since May 2, 1890

Penalty: Maximum of 10 years in prison[168][169]

 Unknown
Oregon Oregon Illegal since 2001

Penalty:

  • Maximum of 5 years in prison and a maximum $125,000 fine[170][171]
  • Mandatory sex offender registration[172]
 Illegal since January 1, 2016

Penalty: Maximum of one 1 year in prison and a $6,250 fine[170][173]

 Illegal since January 1, 2016

Penalty: Maximum of one 1 year in prison and a $6,250 fine[170][173]

Pennsylvania Pennsylvania Illegal since August 17, 1999

Penalty: Maximum of 2 years in prison and a $5,000 fine[174]

 Illegal

Penalty: Maximum of seven years in prison and up to $15,000 fine.[175][176]
Rhode Island Rhode Island Illegal since May 1647

Penalty: Maximum of 20 years in prison[177][178]

 Unknown
South Carolina South Carolina Illegal since December 12, 1712

Penalty: Maximum of 5 years in prison and a $500 fine[179][180]

 Unknown
South Dakota South Dakota Illegal since 2003

Penalty: Maximum of 2 years in prison and a $4,000 fine[181][182]

 Unknown
Tennessee Tennessee Illegal since 2007

Penalty: Maximum of 6 years in prison and a $3,000 fine[183][184]

 Illegal since 2007

Penalty: Maximum of 6 years in prison and a $3,000 fine[183][184]
Texas Texas Illegal statewide since September 1, 2017[83][185][186]

Illegal in Amarillo, Texas since March 14, 2017[187] and Lubbock, Texas[188]

Penalty: Maximum of 2 years in prison[189][190][191][192][193]

 Illegal

Penalty: Maximum of a 1 year in prison and/or a fine of not more than $4,000[194][195][196]
Utah Utah Illegal since May 3, 1993[197]

Penalty: Maximum of 6 months in prison and a $1,000 fine[198][199][200]

 Unknown
Vermont Vermont Illegal since July 1, 2017

Penalty: Maximum of 1 year in prison, $2,000 fine, or both[201]

 Illegal since July 1, 2017

Penalty: Maximum of 1 year in prison, $2,000 fine, or both[201]
Virginia Virginia Illegal since March 23, 1661

Penalty: Maximum of 5 years in prison and a $2,500 fine[202][203][204]

 Unknown
Washington (state) Washington Illegal since June 7, 2006

Penalty: Maximum of 5 years in prison and a $10,000 fine[205][206]

 Illegal since June 7, 2006

Penalty: Maximum of 5 years in prison and a $10,000 fine[206][205]
West Virginia West Virginia Legal;[83][207] 2017 bill would have banned it;[4] 2018 bill would ban it[11] Legal[208][209]
Wisconsin Wisconsin Illegal since July 3, 1836;
2017/2018 bill would make it a felony[9]

Penalty: Maximum of 9 months in prison and a $10,000 fine $10,000; for a repeat offender, maximum of two years in prison[210][211][212]

 Unknown
Wyoming Wyoming Legal[83] Unknown
Enforcement

According to Leighann Lassiter, director of animal abuse for the Humane Society of the United States, the Lawrence v. Texas ruling that struck down all statutes in the United States prohibiting consensual human sexual intercourse can also block prosecution of bestiality. “Cases have been turned over on appeal because of unclear language in the law, and often times no charges are brought at all,” said Leighann. Currently, 10 states, Idaho, Kansas, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, North Carolina, Oklahoma, and South Carolina, have a statute that prohibit both consensual human sexual intercourse and bestiality.[213]

See also

Notes

  1. ↑ Defined as "Any person subject to this chapter who engages in unnatural carnal copulation with an animal"[36]
  2. ↑ Defined as "Any touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal for the purpose of sexual gratification or arousal of the person." and "Any contact, however slight, between the mouth, sex organ, or anus of a person and the sex organ or anus of an animal, any penetration, however slight, of any part of the body of the person into the sex organ or anus of an animal, or any penetration of the sex organ or anus of the person into the mouth of the animal for the purpose of sexual gratification or sexual arousal of the person."[36]
  3. ↑ Defined as "Knowingly engages in or submits to any sexual conduct or sexual contact with an animal.", "Knowingly causes, aids, or abets another in engaging in any sexual conduct or sexual contact with an animal.", "Knowingly permits any sexual conduct or sexual contact with an animal upon premises under his or her control.", and "Knowingly organizes, promotes, conducts, advertises, aids, abets, observes, or performs any service furthering an act involving sexual conduct or sexual contact with an animal for a commercial or recreational purpose."[36]
  4. ↑ Defined as "engages in sexual conduct with an animal"[36]
  5. ↑ Defined as " photographs or films, for purposes of sexual gratification, a person engaged in sexual conduct with an animal", "causes, induces, aids, or encourages another person to engage in sexual conduct with an animal", and "intentionally permits sexual conduct with an animal to be conducted on any premises under the person's control."[36]
  6. ↑ Defined as "Engaging in oral sexual contact, sexual contact or sexual intercourse with an animal."[36]
  7. ↑ Defined as "Prints, copies, manufactures, prepares, produces, or reproduces any obscene item for purposes of sale or commercial distribution", "Publishes, sells, rents, lends, transports or transmits in intrastate commerce, imports, sends or causes to be sent into this state for sale or commercial distribution or commercially distributes or exhibits any obscene item, or offers to do any such things", "Has in his possession with intent to sell, rent, lend, transport, or commercially distribute any obscene item.", and "Presents or participates in presenting the live, recorded or exhibited performance of any obscene item to the public or an audience for consideration or commercial purpose"[36]
  8. ↑ Defined as "he or she performs or submits to any act of sexual gratification with an animal involving his or her or the animal's sex organs and the mouth, anus, penis, or vagina of the other."[36]
  9. ↑ Defined as "a person commits publicly displaying obscene material for advertising purposes if, for advertising purposes, he or she knowingly displays publicly or causes to be displayed publicly obscene material", "a person commits publicly displaying obscene material for advertising purposes if, for advertising purposes, he or she knowingly permits any display of obscene material on premises owned, rented, or operated by him or her", and "a person commits promoting obscene materials if he or she knowingly promotes, or has in his or her possession with intent to promote, any obscene material."[36]
  10. ↑ Defined as "sexually assaults any animal protected by Section 597f for the purpose of arousing or gratifying the sexual desire of the person is guilty of a misdemeanor."[36]
  11. ↑ Defined as "engages in a sexual act with an animal"[36]
  12. ↑ Defined as "Wholesale promotion of obscenity", "Promotes or possesses with intent to promote any obscene material", and "Produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenit."[36]
  13. ↑ Defined as "when the person intentionally engages in any sexual act involving sexual contact, penetration or intercourse with the genitalia of an animal or intentionally causes another person to engage in any such sexual act with an animal for purposes of sexual gratification."[36]
  14. ↑ Defined as "person engages in sexual contact with an animal"[36]
  15. ↑ Defined as "Knowingly engage in any sexual conduct or sexual contact with an animal"[36]
  16. ↑ Defined as "Knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal", "Knowingly permit any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control", and "Knowingly organize, promote, conduct, advertise, aid, abet, participate in as an observer, or perform any service in the furtherance of an act involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose."[36]
  17. ↑ Defined as "A person commits the offense of bestiality when he performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, penis, or vagina of the other."[36]
  18. ↑ Defined as "A person commits the offense of distributing obscene material when he sells, lends, rents, leases, gives, advertises, publishes, exhibits, or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or offers to do so, or possesses such material with the intent to do so, provided that the word "knowing," as used in this Code section"[36]
  19. ↑ Defined as "Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal"[36]
  20. ↑ Defined as "A person may not knowingly engage in any sexual conduct or sexual contact with an animal."[36]
  21. ↑ Defined as "A person may not knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal.", "A person may not knowingly permit any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control.", and "A person may not knowingly engage in, promote, aid, or abet any activity involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose."[36]
  22. ↑ Defined as "a sex organ of a person and the mouth or anus of an animal", "a sex organ of an animal and the mouth or anus of a person", "any penetration of the human female sex organ by an animal's sex organ", or "any penetration of an animal's sex organ by the human male sex organ"[36]
  23. ↑ Defined as "A person who performs a sex act with an animal"[36]
  24. ↑ Defined as "A person who knowingly rents, sells, or offers for rental or sale material depicting patently offensive representations of oral, anal, or vaginal intercourse, actual or simulated, involvinghumans, ordepictingpatentlyoffensiverepresentationsofmasturbation, excretory functions, or bestiality, or lewd exhibition of the genitals, which the average adult taking the material as a whole in applying statewide contemporary community standards would find appeals to the prurient interest; and which material, taken as a whole, lacks serious literary, scientific, political, or artistic value"[36]
  25. ↑ Defined as "sodomy between a person and an animal"[36]
  26. ↑ Defined as "Any act committed for the purpose of sexual arousal or sexual gratification, abuse, or financial gain, between a person and an animal involving contact between the sex organs or anus of one and the mouth, sex organs, or anus of the other.", and "The insertion, however slight, of any part of the body of a person or any object into the vaginal or anal opening of an animal, touching by a person of the sex organs or anus of an animal, or the insertion of any part of the animal's body into the vaginal or anal opening of the person."[36]
  27. ↑ Defined as "Possessing, selling, transferring, purchasing, or otherwise obtaining an animal with the intent that it be subject to sexual contact.", "Organizing, promoting, conducting, aiding or abetting, or participating in as an observer, any act involving sexual contact with an animal.", "Causing, coercing, aiding, or abetting another person to engage in sexual contact with an animal.", "Permitting sexual contact with an animal to be conducted on any premises under his charge or control.", "Advertising, soliciting, offering, or accepting the offer of an animal with the intent that it be used for sexual contact.", and "Filming, distributing, or possessing pornographic images of a person and an animal engaged in any of the activities described in Paragraphs (1) through (6) of this Subsection."[36]
  28. ↑ Defined as "Engages in a sexual act with an animal for the purpose of that person's sexual gratification", "Engages in a sexual act with an animal in the presence of a minor", "Uses any part of the person's body or an object to sexually stimulate an animal", and "For the purpose of that person's sexual gratification, kills or physically abuses an animal"[36]
  29. ↑ Defined as "take the sexual organ of another or of an animal in the person’s mouth", "place the person’s sexual organ in the mouth of another or of an animal", and "commit another unnatural or perverted sexual practice with another or with an animal"[36]
  30. ↑ Defined as "Whoever commits the abominable and detestable crime against nature, either with mankind or with a beast, shall be punished by imprisonment in the state prison for not more than twenty years."[36]
  31. ↑ Defined as "Whoever commits the abominable and detestable crime against nature, either with mankind or with a beast, shall be punished by imprisonment in the state prison for not more than twenty years. "[36]
  32. ↑ Defined as "Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal shall be guilty of a felony"[36]

References

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  3. ↑ "Kentucky HB480 - 2017 - Regular Session". Legiscan.com. Retrieved 13 December 2017.
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  40. 1 2 Section 13A-6-221
  41. 1 2 Section 13A-6-220
  42. 1 2 Alabama Misdemeanor Crimes by Class and Sentences
  43. 1 2 West's Alaska Statutes Annotated. Title 3. Agriculture and Animals. Chapter 55. Care of Animals; Control of Dogs. Article 2. Care of Animals. Title 11. Criminal Law. Chapter 61. Offenses Against Public Order. Article 1. Riot, Disorderly Conduct, and Related Offenses.
  44. 1 2 Sec. 11.61.140 Cruelty to animals.
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  49. 1 2 Arizona Felony Crimes by Class and Sentences
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  56. ↑ 5-68-303. Promoting obscene materials.
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  76. ↑ § 1602 Definitions.
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  86. 1 2 No, Florida's Bestiality Law Will Not Outlaw Human Sex
  87. 1 2 828.126 Sexual activities involving animals.
  88. 1 2 775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.
  89. 1 2 775.083 Fines.
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  99. 1 2 The Pantagraph from Bloomington, Illinois • Page 3
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  116. 1 2 Act No. 485
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  175. ↑ "Section 5903 - Title 18 - CRIMES AND OFFENSES". Retrieved 14 January 2015.
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  183. 1 2 "Tennessee Felony". Retrieved 14 January 2015.
  184. 1 2 "39-14-214 - Criminal offenses against animals. :: 2010 Tennessee Code :: US Codes and Statutes :: US Law :: Justia". Justia Law. Retrieved 14 January 2015.
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  187. ↑ "Municode Library". Library.municode.com. Retrieved 13 December 2017.
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  190. ↑ "85(R) SB 1232 - Enrolled version - Bill Text". Capitol.state.tx.us.
  191. ↑ "Group works to outlaw bestiality in Amarillo; already outlawed in Lubbock".
  192. ↑ "Franklin Legal Publishing, powered by z2". z2codes.franklinlegal.net.
  193. ↑ "Class C Misdemeanors in Texas". 5 August 2015.
  194. ↑ "Texas Penal Code - Section 43.23. Obscenity". Retrieved 14 January 2015.
  195. ↑ "Texas Penal Code - Section 43.21. Definitions". Retrieved 14 January 2015.
  196. ↑ "Texas Criminal Offenses & Penalties - TX Misdemeanor Felony Charges". 27 February 2008.
  197. ↑ Laws of Utah 1993
  198. ↑ "Utah State Courts - Criminal Penalties". Utcourts.gov.
  199. ↑ "UT - Cruelty - Consolidated Cruelty Statutes - Animal Legal & Historical Center". Retrieved 14 January 2015.
  200. ↑ "UT - Cruelty - Consolidated Cruelty Statutes - Animal Legal & Historical Center". Animallaw.info.
  201. 1 2 "ACT062 act enacted" (PDF). Legislature.vermont.gov. Retrieved 13 December 2017.
  202. ↑ "§ 18.2-361. Crimes against nature; penalty". Law.lis.virginia.gov. Retrieved 13 December 2017.
  203. ↑ "§ 18.2-10. Punishment for conviction of felony; penalty". Law.lis.virginia.gov. Retrieved 13 December 2017.
  204. ↑ "The History of Sodomy Laws in the United States - Virginia". Glapn.org. Retrieved 13 December 2017.
  205. 1 2 "Washington Felony Crimes by Class and Sentences". CriminalDefenseLawyer.com. Retrieved 14 January 2015.
  206. 1 2 "WA - Cruelty - Chapter 16.52. Prevention of Cruelty to Animals. - Animal Legal & Historical Center". Animallaw.info. Retrieved 14 January 2015.
  207. ↑ §61-8C-1. Definitions.
  208. ↑ §8-12-5b. Municipal authority to enact ordinance; ordinance provisions defining terms; restricting certain activities in relation to obscene matters and establishing penalties for violations.
  209. ↑ §7-1-4. County commission authority to enact ordinance; ordinance provisions defining terms; restricting certain activities in relation to obscene matter; and establishing penalties for violations.
  210. ↑ "Misdemeanor Charges". Vanwagnerwood.com. Retrieved 13 December 2017.
  211. ↑ "WI - Cruelty - Consolidated Cruelty Statutes - Animal Legal & Historical Center". Animallaw.info. Retrieved 14 January 2015.
  212. ↑ "The History of Sodomy Laws in the United States - Wisconsin". Glapn.org. Retrieved 13 December 2017.
  213. ↑ What Activists Are Doing to Fight the Rampant Growth of Bestiality
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