Zoophilia and the law in the United States

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Legality of Zoophilia in the United States
  Zoophilia is a felony
  Zoophilia is a felony and a misdemeanor
  Zoophilia is a misdemeanor
  Undetermined

Zoophilia and the law in the United States looks at the laws governing humans having sex with animals in the United States of America.

Zoophilia[edit]

Federal law[edit]

Laws against zoophilia and sodomy in the United States were 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.[1]

District of Columbia[edit]

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 "labour 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.[2]

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.[2]

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.[2]

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.[2]

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.[2]

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 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.[2]

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.[2]

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.[3][4][5][6][7][8] 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.[2]

Military[edit]

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.[9]

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.[9] It went into effect on February 4, 1921.[10]

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."[9]

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.[11]

The National Defense Authorization Act for Fiscal Year 2014 enacted in December 2013 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:[12]

(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, [13]

State, territorial, and local laws against zoophilia[edit]

State or territory Year of law(s) being enacted Statute Punishment
Misdemeanor Felony
Alabama 2014 Alabama criminalized zoophilia in 2014 YesMaximum of 1 year in prison
Alaska 1884 - 1980 (Jan. 1, 1980)
2010[14]
Sec. 11.61.140 Cruelty to animals.
(a) A person commits cruelty to animals if the person
(6) knowingly
(A) engages in sexual conduct with an animal; or
(B) under circumstances not proscribed under AS 11.41.455,
(i) photographs or films, for purposes of sexual gratification, a person engaged in sexual conduct with an animal; or
(ii) causes, induces, aids, or encourages another person to engage in sexual conduct with an animal; or[15]
YesMaximum of 1 year in prison[16] YesMaximum of 5 years in prison (only if previously convicted under 10 years ago)[17]
Arizona 1863 - 2001 (May 8, 2001)
2006[18]
§ 13-1411. Bestiality; classification; definition
A. A person commits bestiality by knowingly doing either of the following:
1. Engaging in oral sexual contact, sexual contact or sexual intercourse with an animal.
2. Causing another person to engage in oral sexual contact, sexual contact or sexual intercourse with an animal.[19]
Yes Maximum of 1 year
Maximum of 3 and half years in prison (only applies to those who violate subsection A, paragraph 2)[20]
Arkansas 1819[21] § 5-14-122. Bestiality
(a) As used in this section, "animal" means any dead or alive nonhuman vertebrate.
(b) 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.[22]
Yes Maximum of 1 year in prison[23]
California 1850[24] § 286.5
Any person who 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.[25]
YesMaximum of 6 months in jail and $1,000 fine[26]
Colorado 1860 - 1861
1861 - 1972 (July 1, 1972)
2007[27]
§ 18-9-202. Cruelty to animals—aggravated cruelty to animals—cruelty to a service animal—restitution
(1)(a) A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, or abandons an animal.[28]
YesMaximum of 1 and half years in prison and $5,000 fine[29]
Connecticut 1639 - 1971 (Oct. 1, 1971)
2005[30]
Sec. 53a-73a. Sexual assault in the fourth degree: Class A misdemeanor or class D felony.
(3) such person engages in sexual contact with an animal or dead body; or[31]
YesMaximum of 1 year in prison and $2,000 fine (16 years old and over) YesMaximum of 5 years in prison and $5,000 fine (under 16 years old)[32]
Delaware 1664 - ????
1719[33]
1993
§ 775. Bestiality (formerly § 777)
A person is guilty of bestiality 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.[34]
YesMaximum of 8 years in prison[35]
Florida 1848 - 1917
2011 (October 1, 2011)[36]
828.126 Sexual activities involving animals.—
(2) 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.[37]
Yes Maximum of 1 year in prison and a $1,000 fine[38]
Georgia 1816[39] § 16-6-6. Bestiality
(a) 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.[40]
YesMaximum of 5 years in prison
Idaho 1864[41] § 18-6605. CRIME AGAINST NATURE—PUNISHMENT
Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than five years.[42]
YesMaximum of 5 years in prison
Illinois 1795[43] 5/12-35. 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.[44]
Yes Maximum of 3 years in prison and $25,000 fine (18 years old and over)
Maximum of 50 years in prison and $50,000 fine (under 18 years old)
Maximum of 5 years in prison and $25,000 fine (under 18 years old)[45]
Indiana 1795 - ????
1807 - 1977 (July 1, 1977)
2007[46]
35-46-3-14 Bestiality
Sec. 14. 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, a Class D felony.[47]
YesMaximum of 3 years in prison and $10,000 fine[48]
Iowa 1838 - 1843
1892 - 1978 (Jan. 1, 1978)
2001[46]
717C.1. Bestiality
1. For purposes of this section:
2. A person who performs a sex act with an animal is guilty of an aggravated misdemeanor.[49]
YesMaximum of 2 years in prison or 1 year in jail and $6,250 fine[50]
Kansas 1855[51] 21-5504. Criminal sodomy; aggravated criminal sodomy
(a) Criminal sodomy is:
(2) sodomy between a person and an animal;[52]
Yes Maximum of 6 years in prison and a $1,000 fine[53]
Louisiana 1805[54] §89. Crime against nature
A. Crime against nature is the unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal, except that anal sexual intercourse between two human beings shall not be deemed as a crime against nature when done under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43. Emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.[55]
Yes Maximum of 5 years in prison and $2,000 fine (18 years old and over)
Maximum of 50 years in prison and $50,000 fine (under 18 years old)
Maximum of 50 years in prison and $75,000 fine (under 14 years old)
Maine 1677 - 1976 (May 1, 1976)
2001[56]
§ 1031. Cruelty to animals
I. 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.[57]
Yes Maximum of 1 year in prison and $2,000 fine Yes Felony (only for second offense)[58]
Maryland 1632 (De facto)
1776 (De jure)[59]
§ 3-322. Unnatural or perverted sexual practice
Prohibited
(a) 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[60]
Yes Maximum of 10 years in prison and $1,000 fine
Massachusetts 1636[61] § 34. Crime against nature
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.[62]
Yes Maximum of 20 years in prison
Michigan 1795 - ????
1810[63]
750.158 - Crime against nature or sodomy; penalty
Sec. 158. 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, 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.[64]
Yes Maximum of 15 years in prison; for a repeat offender, maximum of life in prison
Minnesota 1849[65] 609.294. Bestiality
Whoever carnally knows a dead body or an animal or bird is guilty of bestiality, which is a 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.[66]
Yes Maximum of 1 year in prison and $3,000 fine
Mississippi 1802[67] § 97-29-59. Sodomy
Every person who shall be convicted of the detestable and abominable crime against nature committed with mankind or with a beast, shall be punished by imprisonment in the penitentiary for a term of not more than ten years.[68]
Yes Maximum of 10 year in prison
Missouri 1812[69] 566.111. Unlawful sex with an animal, crime, penalty
1. 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.[70]
Yes Maximum of 1 year in prison and $1,000 fine[71]
Montana 1865[72] 45-8-218. Deviate sexual conduct. (1) 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.
(2) 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.
45-2-101. General definitions. Unless otherwise specified in the statute, all words must be taken in the objective standard rather than in the subjective, and unless a different meaning plainly is required, the following definitions apply in this title:
(21) "Deviate sexual relations" means any form of sexual intercourse with an animal.
[73] [74]
Yes Maximum of 10 years in prison and a $50,000 fine
Nebraska 1855[75] 28-1010. Indecency with an animal; penalty
A person commits indecency with an animal when such person subjects an animal to sexual penetration as defined in section 28-318. Indecency with an animal is a Class III misdemeanor.[76]
Yes Maximum of 3 months in prison and $500 fine[77]
New York 1613 (De facto)
1665 (De jure)[78]
§ 130.20 Sexual misconduct
A person is guilty of sexual misconduct when:
3. He or she engages in sexual conduct with an animal or a dead human body.[79]
Yes Maximum of 10 years in prison and $1,000 fine[80][81]
North Carolina 1715[82] § 14-177. Crime against nature.
If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.[83]
Yes No typical sentence; each case is different.[84]
North Dakota 1862[85] 12.1-20-12.
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.[86]

Yes Misdemeanor
Oklahoma 1890[87] Section 886 - Crime Against Nature - Penalty
Every person who is guilty of the detestable and abominable crime against nature, committed with mankind or with a beast, is punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.[88]
Yes Maximum of 10 years in prison
Oregon 1843 - 1850 (De facto)
1853 (De jure) - 1972 (January 1, 1972)
2001[89]
167.333. Sexual assault of animal
(1) A person commits the crime of sexual assault of an animal if the person:
(a) Touches or contacts, or causes an object or another person to touch or contact, the mouth, anus or sex organs of an animal or animal carcass for the purpose of arousing or gratifying the sexual desire of a person; or
(b) Causes an animal or animal carcass to touch or contact the mouth, anus or sex organs of a person for the purpose of arousing or gratifying the sexual desire of a person.[90]
Yes Maximum of 1 year in prison and a $5,000 fine[91]
Pennsylvania 1676 - 1995 (Mar. 29, 1995)
1999 (August 17, 1999)[92]
§ 3129. Sexual intercourse with animal
A person who engages in any form of sexual intercourse with an animal commits a misdemeanor of the second degree.[93]
Yes Maximum of 2 years in prison and a $5,000 fine[94]
Puerto Rico 1493[95] Article 145.- Bestiality.- Any person who performs, or incites, coerces or assists another person to perform any type of sexual penetration with an animal shall incur a fourth degree felony.[96] Yes Maximum of 6 months in prison and a $25,000 fine[97]
Rhode Island 1647[98] § 11-10-1. Abominable and detestable crime against nature
Every person who shall be convicted of the abominable and detestable crime against nature, with any beast, shall be imprisoned not exceeding twenty (20) years nor less than seven (7) years.[99]
Yes Maximum of 20 years in prison
South Carolina 1712[100] § 16-15-120. Buggery.
Whoever shall commit the abominable crime of buggery, whether with mankind or with beast, shall, on conviction, be guilty of felony and shall be imprisoned in the Penitentiary for five years or shall pay a fine of not less than five hundred dollars, or both, at the discretion of the court.[101]
Yes Maximum of 5 years in prison and a $500 fine
South Dakota 1862 - 1977 (Apr. 1, 1977)
2003[102]
22-22-42. 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
(4) Videotape a person engaging in a sexual act with an animal; or[103]
Yes Maximum of 2 years in prison and a $5,000 fine[103]
Tennessee 1790 - 1989 (Nov. 1, 1989)
2007[104]
39-14-214. Criminal offenses against animals.
(a) 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 the person's 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.
[105]
Yes Maximum of 6 years in prison and a $3,000 fine[106]
Utah 1876[107] § 76-9-301.8. Bestiality—Definitions—Penalty
(1) 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.[108]
Yes Maximum of 6 months in prison and a $1,000 fine[109]
Virgin Islands 1754 - 1985 (Jan. 16, 1985)
????[110]
§ 2062. Bestiality
Whoever shall carnally copulate with a beast shall be imprisoned not more than 5 years.[111]
Yes Maximum of 5 years in prison
Virginia 1610 - 1618
1661[112]
§ 18.2-361. Crimes against nature; penalty. A. If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of a Class 6 felony, except as provided in subsection B.
[113]
Yes Maximum of 5 years in prison and a $2,500 fine[114]
Washington 1881 - 1976 (July 1, 1976)[115]
2006 (June 7, 2006)
16.52.205. Animal cruelty in the first degree
(3) 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;
(e) Knowingly photographs or films, for purposes of sexual gratification, a person engaged in a sexual act or sexual contact with an animal.[116]
Yes Maximum of 5 years in prison and a $10,000 fine[117]
Wisconsin 1836[118] 944.17. Sexual gratification
(2) Whoever does any of the following is guilty of a Class A misdemeanor:
(c) Commits an act of sexual gratification involving his or her sex organ and the sex organ, mouth or anus of an animal.
(d) Commits an act of sexual gratification involving his or her sex organ, mouth or anus and the sex organ of an animal.[119]
Yes Maximum of 9 months in prison and a $10,000 fine $10,000; for a repeat offender, maximum of 2 years in prison[120]

State, territorial, and local governments that have repealed sodomy laws[edit]

State, territory, or district Year of repeal or strikedown Invalidated by
Alabama 1980 (Jan. 1, 1980)[121][not in citation given]
  • Legislative repeal
American Samoa 1980 (Jan. 1, 1980)[122][not in citation given]
  • Legislative repeal
District of Columbia 1995 (May 23, 1995)[123][not in citation given]
  • Legislative repeal
Guam 1979 (Aug. 31, 1979)[124][not in citation given]
  • Legislative repeal
Hawaii 1973 (Jan. 1, 1973)[125][not in citation given]
  • Legislative repeal

Kentucky

1975 (Jan. 1, 1975)[126][not in citation given]
  • Legislative repeal
Nevada 1993 (June 16, 1993)[127][not in citation given]
  • Legislative repeal
New Hampshire 1975 (Aug. 6, 1975)[128][not in citation given]
  • Legislative repeal
New Jersey 1979 (Sep. 1, 1979)[129][not in citation given]
  • Legislative repeal
New Mexico 1975 (June 20, 1975)[130][not in citation given]
  • Legislative repeal
Northern Mariana Islands 1983 (Sep. 1, 1983)[131][not in citation given]
  • Legislative repeal
Ohio 1974 (Jan. 1, 1974)[132][not in citation given]
  • Legislative repeal
Texas 1974 (Jan. 1, 1974)[133][not in citation given]
  • Legislative repeal
Vermont 1977 (July 1, 1977)[134][not in citation given]
  • Legislative repeal
West Virginia 1976 (June 11, 1976)[135][not in citation given]
  • Legislative repeal
Wyoming 1983 (July 1, 1983)[136][not in citation given]
  • Legislative repeal

Zoophilic pornography in the USA[edit]

Federal law[edit]

The only federal law prohibiting zoophilic pornography, is 18 U.S.C. 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.[137]

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.[138]

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.[139]

State, territorial, and local law[edit]

State, territory, or district Production Sale and interstate commerce Private ownership
Alabama Yes Legal Emblem-question.svg Yes Legal
Alaska No Illegal Emblem-question.svg Yes Legal
American Samoa Yes Legal Emblem-question.svg Yes Legal
Arizona No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Arkansas No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
California No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Yes Legal[140] Yes Legal
Colorado No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Connecticut No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Delaware No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
District of Columbia Yes Legal Emblem-question.svg Yes Legal
Florida No Illegal Emblem-question.svg Yes Legal
Georgia No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Guam Yes Legal Emblem-question.svg Yes Legal
Hawaii Yes Legal Emblem-question.svg Yes Legal
Idaho No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Illinois No Illegal Emblem-question.svg Yes Legal
Indiana No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Iowa No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Kansas No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Kentucky Yes Legal Emblem-question.svg Yes Legal
Louisiana No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Maine No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Maryland No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Massachusetts No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Yes Legal[141] Yes Legal
Michigan No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Minnesota No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Mississippi No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Missouri No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Montana No Illegal; Emblem-question.svg Yes Legal
Nebraska No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Nevada Yes Legal Emblem-question.svg Yes Legal
New Hampshire Yes Legal Emblem-question.svg Yes Legal
New Jersey Yes Legal Emblem-question.svg Yes Legal
New Mexico Yes Legal Emblem-question.svg Yes Legal
New York No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
North Carolina No Illegal[142][143] No Illegal[142][143] Yes Legal
North Dakota No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Northern Marianas Islands Yes Legal Emblem-question.svg Yes Legal
Ohio Yes Legal Emblem-question.svg Yes Legal
Oklahoma No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Oregon No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Pennsylvania No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
No Illegal[144] Yes Legal
Puerto Rico No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Rhode Island No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
South Carolina No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
South Dakota No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Tennessee No Illegal; Emblem-question.svg Yes Legal
Texas Yes Legal No Illegal[145][146] Yes Legal
Utah No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Vermont Yes Legal Emblem-question.svg Yes Legal
Tennessee No Illegal; Emblem-question.svg Yes Legal
Virgin Islands No Illegal No Illegal No Illegal[147]
Washington No Illegal Emblem-question.svg Yes Legal
West Virginia Yes Legal Emblem-question.svg Yes Legal
Wisconsin No Illegal; Zoophilia
Yes Legal; Videotaping/photographing zoophilic pornography
Emblem-question.svg Yes Legal
Wyoming Yes Legal Emblem-question.svg Yes Legal

See also[edit]

References[edit]

  1. ^ Zoophilia & The Law - Laws Around The World
  2. ^ a b c d e f g h District of Columbia
  3. ^ TO TABLE THE PHILLIP CRANE MOTION TO DISCHARGE THE HOUSE COMMITTEE ON THE DISTRICT OF COLUMBIA FROM FURTHER CONSIDERATION OF H. RES. 208, THE RESOLUTION DISAPPROVING THE ACTION OF THE DISTRICT OF COLUMBIA COUNCIL IN REVISING CRIMINAL PENALITIES IN CERTAIN SEX-RELATED OFFENSES.
  4. ^ TO PROCEED TO THE CONSIDERATION OF H. RES. 208, THE RESOLUTION DISAPPROVING THE ACTION OF THE DISTRICT OF COLUMBIA COUNCIL IN REVISING CRIMINAL PENALTIES IN CERTAIN SEX-RELATED OFFENSES. (MOTION AGREED TO)
  5. ^ TO DISCHARGE THE HOUSE COMMITTEE ON THE DISTRICT OF COLUMBIA FROM FURTHER CONSIDERATION OF H. RES. 208, THE RESOLUTION DISAPPROVING THE ACTION OF THE DISTRICT OF COLUMBIA COUNCIL IN REVISING CRIMINAL PENALTIES IN CERTAIN SEX-RELATED OFFENSES. (MOTION AGREED TO)
  6. ^ TO ADOPT H. RES. 208, THE RESOLUTION DISAPPROVING THE ACTION OF THE DISTRICT OF COLUMBIA COUNCIL IN REVISING CRIMINAL PENALTIES IN CERTAIN SEX-RELATED OFFENSES (MOTION AGREED TO)
  7. ^ TO LIMIT DEBATE TO TWO HOURS ON H. RES. 208, THE RESOLUTION DISAPPROVING THE ACTION OF THE DISTRICT OF COLUMBIA COUNCIL IN REVISING CRIMINAL PENALTIES IN CERTAIN SEX-RELATED OFFENSES. (MOTION AGREED TO)
  8. ^ H.Res.208 - A resolution disapproving the action of the District of Columbia Council in approving the District of Columbia Sexual Assault Reform Act of 1981.
  9. ^ a b c "Key Dates in US Policy on Gay Men and Women in the United States Military". usni.org. Retrieved 2014-03-22. 
  10. ^ The Articles of War
  11. ^ S. 1867 (112th): National Defense Authorization Act for Fiscal Year 2012 (On Passage of the Bill)
  12. ^ Johnson, Chris (December 20, 2019). "Defense bill contains gay-related provisions". Washington Blade. Retrieved December 21, 2019. 
  13. ^ 10 U.S. Code § 925 - Art 125. Forcible sodomy; bestiality
  14. ^ Alaska
  15. ^ Sec. 11.61.140 Cruelty to animals.
  16. ^ AS 12.55.135. Sentences of Imprisonment For Misdemeanors.
  17. ^ Alaska Charges for Crimes by Felony Class
  18. ^ Arizona
  19. ^ § 13-1411. Bestiality; classification; definition
  20. ^ Arizona Felony and Misdemeanor Charges
  21. ^ Arkansas
  22. ^ § 5-14-122. Bestiality
  23. ^ Arkansas Misdemeanor
  24. ^ California
  25. ^ § 286.5
  26. ^ California Penal Code Section 19
  27. ^ Colorado
  28. ^ § 18-9-202. Cruelty to animals--aggravated cruelty to animals--cruelty to a service animal--restitution
  29. ^ Misdemeanors and Felonies
  30. ^ Connecticut
  31. ^ Sec. 53a-73a. Sexual assault in the fourth degree: Class A misdemeanor or class D felony.
  32. ^ Connecticut Criminal Laws & Penalties
  33. ^ Delaware
  34. ^ § 775. Bestiality (formerly § 777)
  35. ^ Delaware Charges for Crimes by Felony Class
  36. ^ Florida
  37. ^ 828.126 Sexual activities involving animals.—
  38. ^ Florida First Degree Misdemeanor
  39. ^ Georgia
  40. ^ "Georgia Consolidated Cruelty Laws". Animallaw.info. Retrieved 2013-05-21. 
  41. ^ Idaho
  42. ^ § 18-6605. CRIME AGAINST NATURE--PUNISHMENT
  43. ^ Illinois
  44. ^ 5/12-35. Sexual conduct or sexual contact with an animal
  45. ^ Illinois Criminal Code and Laws
  46. ^ a b Indiana
  47. ^ 35-46-3-14 Bestiality
  48. ^ CLASSES OF OFFENSES IN INDIANA
  49. ^ 717C.1. Bestiality
  50. ^ Iowa Misdemeanor
  51. ^ Kansas
  52. ^ 21-5504. Criminal sodomy; aggravated criminal sodomy
  53. ^ Punishment for conviction of felony; penalty.
  54. ^ Louisiana
  55. ^ §89. Crime against nature
  56. ^ Maine
  57. ^ Maine
  58. ^ Criminal Justice System
  59. ^ Maryland
  60. ^ § 3-322. Unnatural or perverted sexual practice
  61. ^ Massachusetts
  62. ^ § 34. Crime against nature
  63. ^ Michigan
  64. ^ 750.158 - Crime against nature or sodomy; penalty
  65. ^ Minnesota
  66. ^ 609.294. Bestiality
  67. ^ Mississippi
  68. ^ 566.111. § 97-29-59. Sodomy
  69. ^ Missouri
  70. ^ 566.111. Unlawful sex with an animal, crime, penalty
  71. ^ Missouri Misdemeanors
  72. ^ Montana
  73. ^ 45-8-218. Deviate sexual conduct.
  74. ^ 45-2-101. General definitions.
  75. ^ Nebraska
  76. ^ 28-1010. Indecency with an animal; penalty
  77. ^ 2006 Nebraska Code - § 28-106 — Misdemeanors; classification of penalties; sentences; where served.
  78. ^ New York
  79. ^ § 130.20 Sexual misconduct
  80. ^ Get Sound Advice for Misdemeanor Crimes from Experienced New York City Lawyers
  81. ^ S 80.05 Fines for misdemeanors and violation.
  82. ^ North Carolina
  83. ^ § 14-177. Crime against nature.
  84. ^ North Carolina Charges and Penalties by Felony Class
  85. ^ North Dakota
  86. ^ CHAPTER 12.1 - 20 SEX OFFENSES
  87. ^ Oklahoma
  88. ^ Oklahoma Statutes Citationized
  89. ^ Oregon
  90. ^ 167.333. Sexual assault of animal
  91. ^ Oregon Criminal Sentencing Procedures
  92. ^ Pennsylvania
  93. ^ § 3129. Sexual intercourse with animal
  94. ^ Misdemeanors
  95. ^ Puerto Rico
  96. ^ Article 145.- Bestiality.
  97. ^ Puerto Rico
  98. ^ Rhode Island
  99. ^ § 11-10-1. Abominable and detestable
  100. ^ South Carolina
  101. ^ § 16-15-120. Buggery.
  102. ^ South Dakota
  103. ^ a b § 22-22-42. Bestiality--Acts constituting--Commission a felony
  104. ^ Tennessee
  105. ^ 39-14-214. Criminal offenses against animals.
  106. ^ Tennessee Felony
  107. ^ Utah
  108. ^ § 76-9-301.8. Bestiality--Definitions--Penalty
  109. ^ Criminal Penalties
  110. ^ Virgin Islands
  111. ^ § 2062. Bestiality
  112. ^ Virginia
  113. ^ 39-14-214. Criminal offenses against animals.
  114. ^ § 18.2-10. Punishment for conviction of felony; penalty.
  115. ^ Washington
  116. ^ 16.52.205. Animal cruelty in the first degree
  117. ^ Felony Sentencing and Convictions in Washington
  118. ^ Wisconsin
  119. ^ 944.17. Sexual gratification
  120. ^ Misdemeanor Charges
  121. ^ Alabama
  122. ^ American Samoa
  123. ^ District of Columbia
  124. ^ Guam
  125. ^ Hawaii
  126. ^ Kentucky
  127. ^ Nevada
  128. ^ New Hampshire
  129. ^ New Jersey
  130. ^ New Mexico
  131. ^ Northern Mariana Islands
  132. ^ Ohio
  133. ^ Texas
  134. ^ Vermont
  135. ^ West Virginia
  136. ^ Wyoming
  137. ^ 18 USC § 2256 - Definitions for chapter
  138. ^ Features - Constitutional, Federal and State Legal Definitions of Child Pornography, Obscenity and "Harmful to Minors" of Interest to California Libraries
  139. ^ "US v. ALA 539 U.S. 194, 2003". FindLaw. Retrieved 2007-03-21. 
  140. ^ PENAL CODE SECTION 311-312.7
  141. ^ Massachusetts Law About Obscenity
  142. ^ a b "Tipster helps with arrest of man accused of bestiality". WRAL.com. Retrieved 2013-05-21. 
  143. ^ a b law.onecle.com/north-carolina/14-criminal-law/14-190.1.html
  144. ^ § 5903. Obscene and other sexual materials and performances.
  145. ^ Texas Penal Code - Section 43.23. Obscenity
  146. ^ Texas Penal Code - Section 43.21. Definitions
  147. ^ § 1024. Distribution; printing, exhibiting, distributing or possessing