Zoophilia: Encyclopedia II - Zoophilia - Legal status

Zoophilia - Legal status

Zoosexual acts are illegal in many jurisdictions, while others generally outlaw the mistreatment of animals without specifically mentioning sexuality. Because it is unresolved under the law whether sexual relations with an animal are inherently "abusive" or "mistreatment", this leaves the status of zoosexuality unclear in some jurisdictions.

• Just over half of U.S. states explicitly outlaw sex with animals (sometimes under the term of "sodomy"). In the 2000s, six U.S. states adopted new legislation against it: Oregon, Maine, Iowa, Illinois, Indiana. Many U.S. state laws against "sodomy" (generally in the context of male homosexuality) were repealed or struck down by the courts in Lawrence v. Texas, which ruled that perceived moral disapproval on its own was an insufficient justification for banning a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 ^[2]. 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.
• In Australia, laws are determined at the state level, with all but the Australian Capital Territory and Jervis Bay Territory explicitly outlawing it.
• In Germany, 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 zoosexuality; zoosexual pornography, however, was very restricted. Certain barriers are set by the Animal Protection Law (Tierschutzgesetz).
• In the United Kingdom, it is illegal, with section 69 of the Sexual Offences Act 2003 reducing the sentence to a maximum of 2 years imprisonment for human penile penetration of or by an animal.
• Zoosexual acts are illegal in Canada (section 160 forbidding "bestiality". The term is not defined, so it is not quite clear what it might cover.)
• Zoosexual acts are illegal in New Zealand 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 abolition of 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 "[t]he community is generally now more tolerant and understanding of unusual sexual practices that do not harm others."
• In some countries laws existed against single males living with female animals. For example, an old Peruvian law prohibited single males from having a female alpaca (llama).

Zoophilia - Legality by U.S. State

(as of July 3rd, 2004. This information was gathered by countless individuals over time from information freely available from the public domain. Please be aware that this data is not guarenteed to be current, as state laws change frequently and with little fanfare.)

Penal codes are cited where applicable.

Bestiality is legal (or, at least, not expressly outlawed) in Alaska, Arizona, Colorado, Connecticut, Florida, Hawaii, Iowa, Kentucky, Louisiana, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, Ohio, Oregon, South Dakota, Texas, Vermont, Washington, West Virginia, and Wyoming.

Bestiality is a confirmed misdemeanor in:

• California (Penal Code Section 286.5: Misdemeanor)
• Minnesota (Minn. Stat. @609.294, (1993): Either fine of not more than $3,000 or sentence of not more than 1 year)
• New York (NY CLS Penal @130.20 (1994): Class A misdemeanor)
• Utah (Bestiality 76-9-301.8: Class B Misdemeanor)

Bestiality is a confirmed felony in:

• Delaware (11 Del. C. @777 (1993): Class D Criminal felony)
• Georgia (O.C.G.A. @16-6-6 (1994): 1-5 yr. jail sentence)
• Idaho (Idaho Code @18-6605 (1994): "length of imprisonment in excess of 5 years is in discretion of court.")
• Kansas (K.S.A. @2103506 (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 @34 (1994): Jail sentence of not more than 20 years - this is currently out of date)
• Michigan (MCL @750.185 (1992): Jail sentence not more than 15 years)
• Mississippi (Miss. Code. Ann, @97-29-59: Sentence of not more than 10 years)
• Montana (Mont. Code. Ann, @45-5-505 (1994): 10 year sentence and/or $50,000 fine)
• North Carolina (N.C. Gen. Stat. @14-177 (1994): Class I felony. 3-10 yrs)
• Oklahoma (21 Okl. St. @886 (1994): "imprisonment not to exceed 10 years")
• Rhode Island (R.I. Gen. Laws @11-10-1 (1993): 7-20 years)
• South Carolina (S.C. Code Ann. @16-15-120 (1993): 5 yrs jail and/or fine of at least $500)
• Virginia (Va. Code. Ann. @18.2-361 (1994): Class 6 Felony)
• Washington D.C. (DC Code @22-3502 (1994) ("Sexual Psychopath" chapter): Fine not more than $1000 and/or sentence of not more than 10 yrs)

Bestiality is otherwise illegal in:

• Alabama (Code of Ala. @13A-6-63 (1994): "sodomy in 1st degree"; criminal offense)
• Arkansas (Ark. Stat. Ann. @13A-6-63 (1994): "sodomy in 1st degree"; criminal offense)
• Illinois (720 ILCS 5/12-12 (1994): Crime)
• Indiana (Burn Ind. Code. Ann. @35-42-4-2 (1994))
• North Dakota (N.D. Cent. Code @12.1-20-03, 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. @3101, 3123 and 3124 (1994))
• Tennessee (Tenn. Code. Ann. @39-13-501 (1994))
• Wisconsin (Wis. State. @944.17 (1993))

Adapted from the Wikipedia article "Legal status", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki