Legal status
Legality by US State
Books, articles and documentaries
Terminology
Zoophilia as a lifestyle
Legal status
No jurisdiction is known to recognize zoophilic relationships, as such. They
are legally no different from that of a person who keeps a pet or
owns livestock.
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 name "sodomy"). In the 2000s, six U.S.
states adopted new legislation against it: Oregon, Maine, Iowa, Illinois,
Indiana, and Missouri. An anomaly that arose in many U.S. states was
that when laws outlawing "sodomy" (generally in the context
of male homosexuality) were repealed or struck down by the courts,
some people thought sex with animals would no longer be outlawed.
But the 2004 conviction of a man in Florida demonstrated that even
in states with no specific laws against zoosexual acts, animal cruelty
statutes can be applied (e.g. State vs. Mitchell).
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",
note that the term is not defined further, so it is not quite clear
what it might cover)
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).
In the Netherlands in 2004, newspapers reported concern by a legislator
that a man caught having sex in a neighbor's barn with a horse not
belonging to him could not be prosecuted because no law was broken.
There was no visible injury to the horse.
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Legality by US State
(as of July 3, 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 guaranteed
to be current, as state laws change frequently and with little fanfare.)
Penal codes are cited where applicable.
Sexual contact with animals is legal (or at least not expressly
outlawed) in these U.S. states:
- Alaska
- Arizona
- Colorado
- Connecticut
- Florida
- Hawaii
- Kentucky
- Louisiana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- Ohio
- South Dakota
- Texas
- Vermont
- Washington (bill is being introduced 2005)
- West Virginia
- Wyoming
Sexual contact with animals is a confirmed misdemeanor in these
states:
- 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)
Sexual contact with animals is a confirmed felony in these states:
- 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.")
- Iowa (aggrivated misdemenor)
- 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)
- 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)
Sexual contact with animals is illegal in these states but the
exact penalty varies or is unconfirmed:
- 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")
- Oregon
- Pennsylvania (18 Pa. C. S. @3101, 3123 and 3124 (1994))
- Tennessee (Tenn. Code. Ann. @39-13-501 (1994))
- Wisconsin (Wis. State. @944.17 (1993))
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