Introduction
This table details state laws prohibiting sexual conduct between humans and animals. Almost all states (about 49) have some provision that criminalizes engaging in sexual conduct with animals. West Virginia does not have a law addressing this conduct.
States are somewhat split between categorizing first offenses misdemeanors or felonies (23 misdemeanor and 26 felony, which also depends on severity of conduct and injury to the animal in states like Nevada and Texas). One striking fact is the range of possible sentences under the laws. In Rhode Island, conviction results in imprisonment for not less than 7 years up to 20 years. Idaho gives a sentence of not less than 5 years in state prison. Georgia also has a mandatory minimum of one year in jail up with a maximum of up to five.
While almost half of states label the crime a misdemeanor, in some of those states, such as Kansas and Maine, the severity level jumps to a felony if the actor causes or coerces juveniles to engage in the activity or if the person has previous convictions of bestiality.
Notably, the legality of bestiality is not controlled from the federal level. The only relevant federal law is the sodomy law under the military code. This law provides that “[a]ny person subject to this chapter who engages in unnatural carnal copulation with . . . an animal is guilty of sodomy.” 10 U.S.C.A. § 925. The penalty is derived through court martial. As one might expect, the statute applies only to military personnel.
Importance of Naming and Placement of Laws
While many of these laws date to the last century or earlier, there have been many recent additions of bestiality laws, particularly as part of cruelty codes. In those few states that do not have bestiality laws on their books, there may be provisions in the child protection or obscenity laws that encompass bestiality. These laws may prohibit showing children depictions of such acts or coercing juveniles to perform such acts. The table below does not include these laws.
The evolving view of this criminal activity can also be seen by the criminal chapters under which these laws are placed. Historically, engaging in sexual activity with an animal was considered a crime against public morals or a "crime against nature" as in states like Michigan. The act of bestiality was often placed in statute that covered other sexual acts that were historically considered "unnatural" and "perverted" (Maryland), or "abominable" and "detestable" (Rhode Island). One state (South Carolina) still refers to the activity as "buggery." The majority of states label their laws dealing with this conduct "bestiality."
Recent enactments contain another provision that the older laws do not: a prohibition on the photographing or filming of sexual acts with animals. Alaska, for example, amended its laws in 2010 to include sexual conduct with an animal under its general cruelty provisions. The subsection criminalizes both knowingly engaging in sexual conduct with an animal as well as filming or photographing another person doing so (Maine, Nevada, New Hampshire, South Dakota, Tennessee, and Washington have similar film prohibitions). The commercial gain involved in distributing such images online may fuel the continued sexual assault of animals.
States have moved from categorizing these acts as crimes against morality to viewing them as a form of animal cruelty. In fact, several states specifically include such acts under their animal cruelty codes. While designating this conduct as cruelty can be seen as a step toward greater animal welfare, California and Oregon have gone beyond this by calling the act "sexual assault of an animal." This change may reflect these states' assessment that animals are incapable of consenting to such acts. In some states, offenders may be subject to sexual assault registry laws.
Sexual Offender Registration for Bestiality
This issue of registering as a sex offender and "victimhood" came before the Michigan Court of Appeals. In 2008, the Michigan Court of Appeals held that an animal cannot be a "victim" for the purposes of sex offender registry. People v. Haynes, 281 Mich.App. 27, 760 N.W.2d 283 (Mich.App.,2008). In this case, the defendant pleaded no contest to committing an “abominable and detestable crime against nature” with a sheep under MCL 750.158. In addition to sentencing consistent with being habitual offender, the trial court found that defendant's actions evidenced sexual perversion, so the court ordered defendant to register under the Sex Offenders Registration Act (“SORA”). Defendant only appealed the propriety of the trial court's order requiring him to register as a sex offender. The Court of Appeals reversed the order, holding that while sheep was the “victim” of the crime, registration was only required if the victim was a human being less than 18 years old. The court found that MCL 750.158 encompasses two categories of crimes: “abominable and detestable crime[s] against nature” with a human being, and “abominable and detestable crime[s] against nature” with an animal. SORA defines “listed offense” as including a violation of section 158 if a victim is an individual less than 18 years of age. Relying on the plain and ordinary meaning of "victim," the court concluded that an animal was not intended to be considered a victim under the statute.
It appears that since 2008, two other states have grappled with whether animal sexual assault convictions mandate registration on state sexual offender registration lists. In State v. Coman, 294 Kan. 84, 273 P.3d 701 (2012), the Kansas Supreme Court held that a person convicted of misdemeanor sodomy for engaging in sexual activity with an animal is not required to register under Kansas Offender Registration Act (KORA). In making this decision, the court carefully grappled with the language of the law and the legislative history. In contrast, a California appellate court upheld listing on the sex offender registry list due in large part to defendant's presentence investigation report and criminal history. People v. DeShields, No. C070131, 2015 WL 1183864, unpublished/noncitable (Cal. Ct. App. Mar. 13, 2015), review denied (May 20, 2015). Critical to this ruling is that California law allows discretionary registration "even if the defendant was not convicted of a sexual offense" (at 6). In DeShields situation, the court upheld the trial court's finding by a preponderance of evidence "that defendant committed the animal cruelty as a result of sexual compulsion and/or for purposes of sexual gratification" (at 7). It should be noted that this case is listed as unpublished and noncitable.
One state deals with listing on the sexual offender registry in the text of its law. In 2017, Texas enacted a comprehensive bestiality law. In doing so, it also amended the criminal procedure code allowing bestiality to be a "reportable conviction or adjudication" for sexual offender registration program under Article 62.001(5), Code of Criminal Procedure.
Alternative Philosophical Views
Bestiality laws focus on what can be considered by society to be an immoral or taboo act. As such, many state laws mandate psychological counseling those convicted under such laws (Arizona and Washington among others). This is often required at the perpetrator's expense. More recent laws also mandate forfeiture of animals owned by the defendant and restrictions on future ownership. Nevada requires that the perpetrator reimburse the owner for the medical costs incurred by the assault if the animal is not owned by the perpetrator.
There have been very few legal challenges to the constitutionality or propriety of such laws. Scholars suggest that these laws may not be directed at the lack of consent on the part of the animal, but rather society’s attitude toward sex itself. Pets or Meat? Mary Ann Case, 80 Chi.-Kent L. Rev. 1129 (2005). Recent laws have modified that view by placing the laws under criminal animal cruelty codes. While the author in Pets or Meat focuses on the broader question of gender roles in society, she does raise the difficult issue of how to differentiate the act of bestiality from other “tricks” pets are forced to perform, sometimes through coercion. 80 Chi.-Kent L. Rev. 1129, 1149. In fact, famed animal rights philosopher Peter Singer wrote a controversial essay entitled, “Heavy Petting,” in which he suggests that “mutually satisfying activities” could occur without involving cruelty to the animal. (See http://www.utilitarian.net/singer/by/2001----.htm ). Singer insinuates that our discomfort with "zoophilia" stems more from our view as separate and morally superior from the rest of the animal world rather than the direct harm to the animal itself.
Regardless of the philosophical platform from which one views the activity, bestiality is criminal act in a majority of states. Even if a state does not specifically proscribe the activity, it may be covered under other aspects of a state’s sex crimes code (such as obscenity or child endangerment laws) or even a broader animal cruelty law if the animal is injured or killed.
State | Citation and Name of Law | What is prohibited | Penalty | Psychological counseling or other provisions |
|---|---|---|---|---|
| Alabama | Bestiality | A person commits the crime of bestiality if he or she knowingly:
| Class A misdemeanor | |
| Alaska | Cruelty to animals | A person commits cruelty to animals if the person knowingly
| Class A misdemeanor | The court may also
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| Arizona | Bestiality | Engaging in oral sexual contact, sexual contact or sexual intercourse with an animal or causing another person to engage in such conduct. | Class 6 felony Except that bestiality is class 3 felony if person causes another to engage in bestiality if the other person is a minor under fifteen years of age. | Undergo a psychological assessment and participate in appropriate counseling at the convicted person's own expense. Reimburse an animal shelter for any reasonable costs incurred for the care and maintenance of any animal that was taken to the animal shelter as a result of prohibited conduct. |
| Arkansas | Bestiality | A person commits bestiality if 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. | Class A misdemeanor | |
| California | Sexually assaulting animal; misdemeanor | Any person who sexually assaults any animal protected by Section 597f for the purpose of arousing or gratifying the sexual desire of the person. | Misdemeanor | |
| Colorado | Cruelty to animals--aggravated cruelty to animals--cruelty to a service animal--restitution | A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence engages in a sexual act with an animal. | Class 1 misdemeanor | The court shall order an evaluation to be conducted prior to sentencing to assist the court in determining an appropriate sentence. The person ordered to undergo an evaluation shall be required to pay the cost of the evaluation, unless the person qualifies for a public defender, then the cost will be paid by the judicial district. 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. |
| Connecticut | Sexual assault of an animal | A person is guilty of sexual assault of an animal when such person knowingly and for the purpose of sexual gratification of the actor or of another person: (1) Engages in sexual contact with an animal; (2) forces another person to engage in sexual contact with an animal; or (3) creates or distributes pornographic images of prohibited sexual contact with an animal. | Class A misdemeanor | In addition to any sentence imposed, the court shall order that, for the 5-year period commencing from the date of such conviction or release from imprisonment for such conviction, whichever is later, such person: (1) shall not harbor, own, possess, reside with, adopt or serve as a foster placement for any animal, and (2) shall not be employed by, or volunteer for, any entity in any position that involves care for, or regular contact with, any animal. |
| Delaware | Bestiality | A 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. | Class D felony | |
| Florida | Sexual activities involving animals | A person may not: (a) Knowingly engage in any sexual conduct or sexual contact with an animal; (b) Knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal; (c) Knowingly permit any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control; or (d) 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. | Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 | |
| Georgia | Bestiality | 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. | Felony: imprisonment for not less than one nor more than five years | |
| Hawaii | Sexual assault of an animal
| (1) A person commits the offense of sexual assault of an animal if the person knowingly: (a) Subjects an animal to sexual contact; (b) Possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent to subject the animal to sexual contact; (c) Organizes, promotes, conducts, or participates as an observer in an act where an animal is subject to sexual contact; (d) Causes, coerces, aids, or abets another person to subject an animal to sexual contact; (e) Permits sexual contact with an animal to be conducted on any premises under the person's charge or control; (f) Advertises, solicits, offers, or accepts the offer of an animal with the intent that it be subjected to sexual contact in the State; or (g) Creates, distributes, publishes, or transmits, whether for commercial or recreational purposes, a pornographic image or material depicting a person subjecting an animal to sexual contact. | Misdemeanor for the first offense. Class C felony for the second or subsequent offense; UNLESS the offense subjected a minor to sexual contact with an animal or was committed in the presence of a minor, sexual assault of an animal is a class B felony. | Surrender or forfeiture of the animal involved in the assault is required as well as any other animals possessed by the perpetrator; Attend an appropriate treatment program or obtain psychiatric or psychological counseling, at the defendant's expense; Reimbursement to animal service contractor who takes the animal for costs of care; Restitution to an owner of the animal victim if not the animal's owner; and Restraints on future interaction with animals:
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| Idaho | Sexual abuse of an animal | (1) A person is guilty of a felony if that person: (a) Engages in sexual contact with an animal; (b) Advertises, solicits, offers, or accepts the offer of an animal or possesses, purchases, or otherwise obtains an animal with the intent that the animal be subject to sexual contact; or (c) Causes, aids, or abets another person to engage in sexual contact with an animal. | Felony with imprisonment in the state prison for a term not to exceed five (5) years | (a) Relinquish custody of some or all animals under the person's control at the time of the offense. If the person convicted of violating this section is not the owner of the animal that was the subject of the violation, then the animal shall be returned to the owner of the animal. An animal returned to an owner under this section shall not be spayed or neutered prior to being returned; and (b) Reimburse the agency or shelter caring for the animal for reasonable costs incurred for the care and treatment of the animal from the date of impoundment until the disposition of the criminal proceeding. |
| Illinois | Sexual conduct or sexual contact with an animal | (a) A person may not knowingly engage in any sexual conduct or sexual contact with an animal. (b) A person may not knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal. (c) 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. (d) 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. | Class 4 felony A person who violates this Section in the presence of a person under 18 years of age or causes the animal serious physical injury or death is guilty of a Class 3 felony. |
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| Indiana | Bestiality | A person who knowingly or intentionally performs an act involving: (1) a sex organ of a person and the mouth or anus of an animal; (2) a sex organ of an animal and the mouth or anus of a person; (3) any penetration of the human female sex organ by an animal's sex organ; or (4) any penetration of an animal's sex organ by the human male sex organ; commits bestiality. | Level 6 felony | |
| Iowa | Bestiality | A person who performs a sex act ("sex act" means any sexual contact between a person and an animal by penetration of the penis into the vagina or anus, contact between the mouth and genitalia, or by contact between the genitalia of one and the genitalia or anus of the other) with an animal. | Aggravated misdemeanor | The court shall require the person to submit to a psychological evaluation and treatment at the person's expense. |
| Kansas | Criminal sodomy; aggravated criminal sodomy | Criminal sodomy involves:
| Subsection (a)(2) (between person and animal) is a class B nonperson misdemeanor. Subsection (a)(4) (causing child between 14 and 16 to engage with animal) is a severity level 3, person felony. | |
| Kentucky | Sexual crimes against an animal | A person is guilty of sexual crimes against an animal if he or she: (a) Engages in sexual contact with an animal; (b) Advertises, solicits, offers, or accepts the offer of an animal, or possesses, purchases, or otherwise obtains an animal, with the intent that the animal be subject to sexual contact; or (c) Causes, aids, or abets another person to engage in sexual contact with an animal. | Class D Felony | In addition to the penalty imposed in subsection (3) of this section, the court shall order a person convicted of violating this section to: (a) Relinquish custody of all animals under the person's control. If the person convicted of violating this section is not the owner of the animal that was the subject of the violation, then the animal shall be returned to the owner of the animal. An animal returned to an owner under this section shall not be spayed or neutered prior to being returned; (b) Not harbor, own, possess, or exercise control over any animal, reside in any household where animals are present, or work or volunteer in a place where the person has unsupervised access to animals for a minimum of five (5) years after completion of the imposed sentence; (c) Attend an appropriate treatment program or obtain psychiatric or psychological counseling, at the person's expense; and (d) Reimburse the agency caring for the animal for reasonable costs incurred for the care and treatment of the animal from the date of impoundment until the disposition of the criminal proceeding. |
| Louisiana | Sexual abuse of an animal | Sexual abuse of an animal is the knowing and intentional performance of any of the following: (1) Engaging in sexual contact with an animal. (2) Possessing, selling, transferring, purchasing, or otherwise obtaining an animal with the intent that it be subject to sexual contact. (3) Organizing, promoting, conducting, aiding or abetting, or participating in as an observer, any act involving sexual contact with an animal. (4) Causing, coercing, aiding, or abetting another person to engage in sexual contact with an animal. (5) Permitting sexual contact with an animal to be conducted on any premises under his charge or control. (6) Advertising, soliciting, offering, or accepting the offer of an animal with the intent that it be used for sexual contact. (7) 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. | Felony Fine of not more than $2,000, imprisoned, with or without hard labor, for not more than 5 years, or both. Whoever commits a second or subsequent offense of sexual abuse of an animal, shall be fined not less than $5,000 nor more than $25,000, or imprisoned, with or without hard labor, for not more than 10 years, or both. | Additional provisions: (a) Relinquish custody of all animals. (b) Not harbor, own, possess, or exercise control over any animal for any length of time deemed appropriate by the court, but not less than five years. (c) Not reside in any household where an animal is present; engage in an occupation, whether paid or unpaid, involving animals; or participate in a volunteer position at any establishment where animals are present, for any length of time deemed appropriate by the court, but not less than five years. (d) Undergo a psychological evaluation for sex offenders and participate in any recommended psychological treatment. Any costs associated with any evaluation or treatment ordered by the court shall be paid by the defendant. (e) If the convicted person is not the owner, reimburse the owner for any expenses incurred for medical treatment or rehabilitation of the victimized animal. |
| Maine | Cruelty to animals
| A person is guilty of cruelty to animals if that person intentionally, knowingly or recklessly commits bestiality on an animal. For purposes of this paragraph, “commits bestiality” means that a person: (1) Engages in a sexual act with an animal for the purpose of that person's sexual gratification; (2) Coerces anyone to engage in a sexual act with an animal; (3) Engages in a sexual act with an animal in the presence of a minor; (4) Uses any part of the person's body or an object to sexually stimulate an animal; (5) Videotapes a person engaging in a sexual act with an animal; or (6) For the purpose of that person's sexual gratification, kills or physically abuses an animal. | Class D crime (misdemeanor) If, at the time of the offense, the defendant has 2 or more prior convictions for violations of this section, section 1032 or essentially similar crimes in other jurisdictions, violation of this paragraph is a Class C crime. | Fine: In addition to any other penalty, the court shall impose a fine of not less than $500 for each violation of this section. The court may order the defendant to pay the costs of the care, housing and veterinary medical treatment for the animal including the costs of relocating the animal. Ownership restrictions: The court may prohibit the defendant from owning, possessing or having on the defendant's premises an animal or animals as determined by the court for a period of time, up to and including permanent relinquishment. A person placed on probation for a violation of this section with a condition that prohibits owning, possessing or having an animal or animals on the probationer's premises is subject to revocation of probation and removal of the animal or animals at the probationer's expense if this condition is violated. Psychological counseling: The court as part of the sentence may order, as a condition of probation, that the defendant be evaluated to determine the need for psychiatric or psychological counseling and, if it is determined appropriate by the court, to receive psychiatric or psychological counseling at the defendant's expense. |
| Maryland | Unnatural or perverted sexual practice | A person may not: (1) take the sexual organ of another or of an animal in the person's mouth; (2) place the person's sexual organ in the mouth of another or of an animal; or (3) commit another unnatural or perverted sexual practice with another or with an animal. | Misdemeanor On conviction subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both. | |
| Massachusetts | Cruelty to animals | A person who willingly: (i) engages in sexual contact with an animal or advertises, offers, accepts an offer for, sells, transfers, purchases or otherwise obtains an animal with the intent that the animal be used for sexual contact; (ii) organizes, promotes, conducts or knowingly participates in as an observer an act involving sexual contact with an animal; (iii) causes, aids or abets another person to engage in sexual contact with an animal; (iv) knowingly permits sexual contact with an animal to be conducted on any premises under the person's control; (v) induces or otherwise entices a child younger than 18 years of age or a person with a developmental or intellectual disability, as defined in section 1 of chapter 123B, to engage in sexual contact with an animal or engages in sexual contact with an animal in the presence of a child younger than 18 years of age or a person with a developmental or intellectual disability; (vi) forces another person to engage in sexual contact with an animal; or (vii) disseminates photographs, videotapes or other depictions prohibited sexual contact with an animal | Felony First offense: imprisonment in the state prison for not more than 7 years or by imprisonment in a jail or house of correction for not more than 2 ½ years, by a fine of not more than $5,000 or by both such fine and imprisonment. Second or subsequent offense: imprisonment in the state prison for not more than 10 years, by a fine of not more than $10,000 or by both such fine and imprisonment. | Ownership restrictions and forfeiture: Upon a conviction, the defendant shall forfeit the animal whose treatment was the basis of the conviction to the custody of an entity incorporated under the laws of the commonwealth for the prevention of cruelty to animals or for the care and protection of homeless or suffering animals. Also, the defendant shall not: (i) work in any capacity that requires the person to be in contact with an animal, including a commercial boarding or training establishment, shelter, animal control facility, pet shop, grooming facility, commercial breeder service, veterinary hospital or clinic or animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals; or (ii) harbor, own, possess or exercise control over an animal, reside in a household where any animals are present or engage in an occupation, whether paid or unpaid, or participate in a volunteer position at any establishment where animals are present for any length of time that the court deems reasonable for the protection of all animals; provided, however, that the length of time shall not be less than 5 years after the person's release from custody. |
| Michigan | Crime against nature or sodomy; penalty | Any person who commits "the abominable and detestable crime against nature either with mankind or with any animal . . . " | Felony, punishable by imprisonment in the state prison not more than 15 years. Or, if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life. | |
| Minnesota | Bestiality | Whoever carnally knows a dead body or an animal or bird is guilty of bestiality. | Misdemeanor If knowingly done in the presence of another the person may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000 or both. | |
| Mississippi | Sodomy
| Every person who commits a "detestable and abominable crime against nature committed with mankind or with a beast." | Felony (not listed but punishment is imprisonment in the penitentiary for a term of not more than 10 years) | |
| Missouri | Unlawful sex with an animal, crime, penalty | A person commits the crime of unlawful sex with an animal if that person engages in sexual conduct with an animal or engages in sexual conduct with an animal for commercial or recreational purposes. | Class A misdemeanor unless the defendant has previously been convicted under this section, in which case the crime is a class D felony. | In addition to penalty imposed, court may:
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| Montana | Deviate sexual conduct | A person who knowingly engages in deviate sexual relations or who causes another to engage in deviate sexual relations commits the offense of deviate sexual conduct. CRIMINAL LAW COMMISSION COMMENTS Source: New. The section includes both homosexuality and bestiality. There has been a reduction in the penalty because it was felt that the severe penalty was more a product of revulsion than the social harm in fact committed. The Model Penal Code recommends that bestiality be made a misdemeanor. The Illinois Code contains no provision on the subject. Subsection (3) increases the penalty if the human-victim participant in the bestiality or homosexuality acts without consent. To appreciate the meaning and scope of “without consent” see sections 94-2-101(68) and 94-5-506(3) [now MCA, 45-5-501 and 45-5-511(3)]. | Felony (not listed but a person convicted of the offense of deviate sexual conduct shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both) | |
| Nebraska | Indecency with an animal; penalty (See also Neb. Rev. St. 54-904, Indecency with a livestock animal; penalty.) | A person commits indecency with an animal when such person subjects an animal to sexual penetration as defined in section 28-318. | Class III misdemeanor | The sentencing court may order the defendant to reimburse a public or private agency for expenses incurred in conjunction with the care, impoundment, or disposal of an animal involved in the violation of such section. |
| Nevada | Bestiality | A person commits the crime of bestiality if the person knowingly and intentionally: (a) Engages in sexual conduct with an animal; (b) Causes another person to engage in sexual conduct with an animal or aids or abets another person in engaging in sexual conduct with an animal; (c) Permits any sexual conduct with an animal to be conducted on any premises under the control of the person; (d) Engages in, organizes, promotes, conducts, advertises, aids, abets, participates in and is physically present as an observer, or performs any service in the furtherance of an act involving any sexual conduct with an animal; or (e) Photographs or films, for purposes of his or her sexual gratification or the sexual gratification of another person, a person engaged in sexual conduct with an animal. | If the crime does not cause the death of or serious bodily injury to an animal involved in the crime and the person has not previously been convicted of a violation of NRS 574.100 punishable as a felony, a gross misdemeanor. If the crime causes the death of or serious bodily injury to an animal involved in the crime or if the person has previously been convicted of a violation of NRS 574.100 punishable as a felony, a category D felony. | Relinquish and permanently forfeit ownership or possession of all animals which are in the same household as the person Not allowed to harbor, own, possess, keep or exercise control over any animal not residing in the household (like working or volunteering at animal shelter) for a period determined by the court. Undergo a psychological evaluation and any recommended counseling. Pay all reasonable costs incurred for the care and maintenance of the animal involved in the crime and any other animal relinquished by the person to an animal shelter. If the person convicted of the crime of bestiality is not the owner of the animal involved in the crime, reimbursing the owner of the animal for all medical expenses incurred for treating the animal. |
| New Hampshire | Bestiality N.H. Rev. Stat. § 644:8g | I. A person commits bestiality by knowingly committing any of the following acts: (a) Engaging in sexual contact or sexual penetration with an animal for the purpose of sexual arousal or gratification. (b) Offering or accepting the offer of an animal for consideration with the intent that it be subject to sexual contact or sexual penetration by a human. (c) Photographing or filming or distributing such photographs or films, for the purpose of sexual arousal or gratification, of a person engaged in sexual contact or sexual penetration with an animal. | Any person convicted of a violation of this section shall be guilty of a class A misdemeanor for a first offense and a class B felony for a second or subsequent offense. | In addition to any other penalty imposed for a violation of this section, the court shall order that the convicted person submit to a psychological assessment and participate in appropriate counseling at the convicted person’s own expense. |
| New Jersey | Cruelty; level of criminal offense
| It shall be unlawful to: (4) Use, or cause or procure the use of, an animal or creature in any kind of sexual manner or initiate any kind of sexual contact with the animal or creature, including, but not limited to, sodomizing the animal or creature. As used in this paragraph, “sexual contact” means any contact between a person and an animal by penetration of the penis or a foreign object into the vagina or anus, contact between the mouth and genitalia, or by contact between the genitalia of one and the genitalia or anus of the other. This term does not include any medical procedure performed by a licensed veterinarian practicing veterinary medicine or an accepted animal husbandry practice. | Felony The person is guilty of a crime of the fourth degree, except that the person shall be guilty of a crime of the third degree if: (a) the animal or creature dies as a result of the violation; (b) the animal or creature suffers serious bodily injury as a result of the violation; or (c) the person has a prior conviction for an offense that would constitute a violation of paragraph (1), (2), (3) or (4) of subsection c. of this section. | If a juvenile is adjudicated delinquent for an act which, if committed by an adult, would constitute a disorderly persons offense, crime of the fourth degree, or crime of the third degree pursuant to this section, the court also shall order the juvenile to receive mental health counseling by a licensed psychologist or therapist named by the court for a period of time to be prescribed by the licensed psychologist or therapist. |
| New Mexico | Bestiality/aggravated bestiality | Bestiality: Bestiality consists of a person engaging in sexual contact with an animal. “Sexual contact with an animal” means: (1) the intentional insertion of the genitals or mouth of an animal into an orifice of a human's body; (2) the intentional insertion of the genitals or mouth of a human into an orifice of an animal's body; (3) the intentional insertion of an object into the genitals or anus of an animal; and (4) contact, handling or stimulation of the genitals or anus of an animal by a human. Promoting bestiality: (1) coercing, soliciting or manipulating a human to commit bestiality; or (2) selling or transferring, offering to sell or transfer, advertising for sale or transfer, purchasing or offering to purchase, possessing or otherwise obtaining an animal with the intent that the animal be used for bestiality. Aggravated bestiality consists of a person: (1) committing bestiality or promoting bestiality in the presence of a minor; or (2) committing bestiality or promoting bestiality in which a minor is a participant.
| Bestiality: fourth degree felony Promoting bestiality: fourth degree felony Aggravated bestiality: third degree felony | In addition to any other penalties, the sentencing court shall include in the judgment and sentence all of the following: (1) that all animals under the direct care and control of the convicted person be seized and turned over to an agent of the New Mexico livestock board or to an animal control agency operated by the state or a local government or an animal shelter or other animal welfare organization designated by the animal control agency. The receiver of seized animals has the authority to determine the disposition of seized animals, but shall not return the animals to the convicted person; and (2) that the convicted person shall not be allowed to own, possess, reside with or exercise control over any animal or engage in any occupation or profession, whether paid or unpaid, at any place where animals are kept or cared for, for a definite period not less than three years and not more than fifteen years; provided that the time the person spent in actual confinement serving a criminal sentence shall be excluded from the calculation of the definite period. The sentencing court may order: (1) that the convicted person submit to a psychological assessment and participate in appropriate counseling; and (2) that the convicted person pay restitution for incurred costs of veterinary care, boarding, food and other reasonable costs of care for an animal as a result of the crime. |
| New York | Sexual misconduct | A person is guilty of sexual misconduct when he or she engages in sexual conduct with an animal or a dead human body. | Class A misdemeanor | |
| North Carolina | Crime against nature | If any person commits a crime against nature, with mankind or beast. | Punished as a Class I felon | |
| North Dakota | Deviate sexual act | A person who performs a deviate sexual act with the intent to arouse or gratify his sexual desire is guilty of a class A misdemeanor. “Deviate sexual act” means any form of sexual contact with an animal, bird, or dead person (see NDCC, § 12.1-20-02). | Class A misdemeanor | |
| Ohio | Offenses relating to sexual conduct with an animal; impoundment | No person shall knowingly engage in sexual conduct with an animal or knowingly possess, sell, or purchase an animal with the intent that it be subjected to sexual conduct. | Misdemeanor of the second degree | If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of section 959.131 suffers from a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling. R.C. § 959.99(D), (E)(7). |
| Oklahoma | Crime against nature
| A detestable and abominable crime against nature, committed with mankind or with a beast | Punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years | |
| Oregon | Sexual assault of animal | A person commits the crime of sexual assault of an animal if the person:
| Class A misdemeanor | Upon the conviction of a defendant for violation of ORS 167.333, the court may order a psychiatric or psychological evaluation of the defendant for inclusion in the presentence report. |
| Pennsylvania | Sexual intercourse with animal | A person who engages in any form of sexual intercourse with an animal | Misdemeanor of the second degree | |
| Rhode Island | Abominable and detestable crime against nature | Every person who commits "the abominable and detestable crime against nature, with any beast . . ." | Felony with imprisonment not exceeding 20 years nor less than 7 years | |
| South Carolina | Buggery | Whoever commits "the abominable crime of buggery, whether with mankind or with beast . . ." | Felony with imprisonment in the Penitentiary for five years or shall pay a fine of not less than $500, or both, at the discretion of the court. | |
| South Dakota | Bestiality--Acts constituting--Commission a felony | No person, for the purpose of that person's sexual gratification, may: (1) Engage in a sexual act with an animal; or (2) Coerce any other person to engage in a sexual act with an animal; or (3) Use any part of the person's body or an object to sexually stimulate an animal; or (4) Videotape a person engaging in a sexual act with an animal; or (5) Kill or physically abuse an animal. | Class 6 felony However, if the person has been previously convicted of a sex crime any subsequent violation of this section is a Class 5 felony. | |
| Tennessee | Sexual activity with animals | A person commits an offense who knowingly: (1) Engages in any sexual activity with an animal; (2) Causes, aids, or abets another person to engage in any sexual activity with an animal; (3) Permits any sexual activity with an animal to be conducted on any premises under his or her charge or control; (4) Engages in, organizes, promotes, conducts, advertises, aids, abets, participates in as an observer, or performs any service in the furtherance of an act involving any sexual activity with an animal for a commercial or recreational purpose; or (5) Photographs or films, for purposes of sexual gratification, a person engaged in a sexual activity with an animal. | Class E felony | In addition to the penalty imposed the court may order that the convicted person do any of the following:
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| Texas | Bestiality V. T. C. A., Penal Code § 21.09
| (a) A person commits an offense if the person knowingly: (1) engages in an act involving contact between: (A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or (B) the person's anus or genitals and the mouth of the animal; (2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing; (3) causes an animal to contact the seminal fluid of the person; (4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice; (5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4); (6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4); (7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4); (8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control; (9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or (10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4). | An offense under this section is a state jail felony, If conduct falls under
offense is a felony of the second degree. | Under the amendments to Article 42A.511, Code of Criminal Procedure, the judge may:
See Vernon's Ann. Texas C. C. P. Art. 42A.511. Also becomes a "reportable conviction or adjudication" for sexual offender registration program under Article 62.001(5), Code of Criminal Procedure. Vernon's Ann. Texas C. C. P. Art. 62.001 |
| Utah | Bestiality--Definitions--Penalty | A person commits the crime of bestiality if the actor engages in any sexual activity with an animal with the intent of sexual gratification of the actor. | Class B misdemeanor | |
| Vermont | Cruelty to animals | A person commits the crime of cruelty to animals if the person:
| Misdemeanor Punishable by a sentence of imprisonment of not more than one year, or a fine of not more than $2,000.00, or both. Second and subsequent convictions shall be punishable by a sentence of imprisonment of not more than two years or a fine of not more than $5,000.00, or both. | |
| Virginia | Crimes against nature; penalty | Any person who carnally knows in any manner any brute animal. | Class 6 felony | |
| Washington | Animal cruelty in the first degree | A person is guilty of animal cruelty in the first degree when he or she: (a) Knowingly engages in any sexual conduct or sexual contact with an animal; (b) Knowingly causes, aids, or abets another person to engage in any sexual conduct or sexual contact with an animal; (c) Knowingly permits any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control; (d) Knowingly engages in, organizes, promotes, conducts, advertises, aids, abets, participates in as an observer, or performs any service in the furtherance of an act involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose; or (e) Knowingly photographs or films, for purposes of sexual gratification, a person engaged in a sexual act or sexual contact with an animal.
| Class C felony | In addition to the penalty imposed, the court may order that the convicted person do any of the following:
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| West Virginia | ||||
| Wisconsin | Sexual gratification | Commits an act of sexual gratification involving his or her sex organ and the sex organ, mouth or anus of an animal. Commits an act of sexual gratification involving his or her sex organ, mouth or anus and the sex organ of an animal. | Class A misdemeanor | |
| Wyoming | Bestiality | An actor commits the crime of bestiality if the actor knowingly: (i) Engages in a sexual act with an animal; (ii) Causes, aids or abets another in engaging in a sexual act with an animal; (iii) Uses any part of the actor's body or an object to sexually stimulate an animal; or (iv) For the purpose of sexual gratification, the actor visually records a person engaging in a sexual act with an animal. | Misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both |