Zoosexuality and the law
Encyclopedia
Zoophilia and the law looks at the laws governing human-animal sexual interaction
Zoophilia
Zoophilia, from the Greek ζῷον and φιλία is the practice of sex between humans and non-human animals , or a preference or fixation on such practice...

 (also sometimes known as bestiality or zoophilia) around the world.

Because it is easy to determine when there is a law against, but (for reasons discussed) often less easy to reliably identify when it is legally acceptable, this article focuses upon laws against zoophilia activity and does not attempt to address where it may be legal. Only in a few confirmed cases, where it is clearly permitted, will these be stated.

Zoophilia

Zoophilia is the spectrum
Spectrum
A spectrum is a condition that is not limited to a specific set of values but can vary infinitely within a continuum. The word saw its first scientific use within the field of optics to describe the rainbow of colors in visible light when separated using a prism; it has since been applied by...

 of human-animal sexual interaction. Other than for breeding or veterinary purposes, in many countries humans are frowned upon if they interact with a non-human animal in this manner. Historically, sex with animals has been seen negatively in the West, generally either as a religious offense against God, or as a suspect or abusive act unsuited to the civilized world. Both of these are generally held societal views which persist to the present time.

A pivotal researcher in the field, Hani Miletski
Hani Miletski
Hani Miletski is a sexologist, and sex therapist living in Bethesda, Maryland, USA. She specializes as a trainer and supervisor in the field, in sex addiction, and also works within the criminal justice system.-Early life:...

 describes how: "Throughout the literature review, it is very obvious that authors perceive sexual relations with animals in very different ways. Definitions of various behaviors and attitudes are often conflicting, leaving the reader confused. Terms such as 'sodomy,' 'zoorasty,' 'zoosexuality,' as well as 'bestiality' and 'zoophilia' are often used, each having a different meaning depending on the author." Vern Bullough
Vern Bullough
Vern Leroy Bullough was an American historian and sexologist.He was a distinguished professor emeritus at the State University of New York , an Outstanding Professor in the California State University, a past president of the Society for the Scientific Study of Sexuality, past Dean of natural and...

, a renowned professor emeritus who reviewed her work, states: "It seems clear from Miletski's summary of the existing literature that very little is actually known about bestiality and there is not anything approaching a consensus as to why animal-human sexual contacts occur... many of the existing reports and studies should be classified more as pseudo-science than serious research."

Historical and cultural context

Historically, European and western views on zoophilia can often be traced back to religious influences and more specifically to the Judeo-Christian-Islamic traditions under which it was viewed as an abomination
Abomination (Bible)
Abomination is an English term used to translate the Biblical Hebrew terms shiqquwts and sheqets, which are derived from shâqats, or the terms , tōʻēḇā or to'e'va or ta'ev...

 and breach of God's will. During the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...

 this led to people being burned for zoophilia activity, viewed on a par with homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...

 under the term "sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...

", as one of the most horrific acts possible from a religious point of view. Animals suspected were also put on trial and faced being killed if found guilty (See: Animal trial
Animal trial
In legal history, an animal trial was the criminal trial of a non-human. Such trials are recorded as having taken place in Europe from the thirteenth century until the eighteenth...

).

In other cultures, it was at times accepted, or tolerated, and at other times taboo
Taboo
A taboo is a strong social prohibition relating to any area of human activity or social custom that is sacred and or forbidden based on moral judgment, religious beliefs and or scientific consensus. Breaking the taboo is usually considered objectionable or abhorrent by society...

 or punished, and this varied very widely.

However an examination of Hittite and Near Eastern Laws (Akkadian/Sumerian) shows the bestiality was punished in these ancient cultures as well. For instance a Hittite law reads "If anyone has sexual relations with a pig or dog, he shall die. He shall bring him to the palace gate (i.e., the royal court). The king may have them (i.e., the human and the animal) killed or he may spare them, but the human shall not approach the king. If an ox leaps on a man (in sexual excitement) the ox shall die; the man shall not die. They shall substitute one sheep for the man and put it to death. If a pig leaps on a man (in sexual excitement), it is not an offense." Additionally "If a man has sexual relations with either a horse or a mule, it is not an offense, but he shall not approach the king, nor shall he become a priest." For further information Martha Roth's 'Law Collections from Mesopotamia and Asia Minor' is an essential text. Because many cultures in Africa and the Americas did not leave written records, the evidence for zoophilia activity arrives to us through the observations of westerners. This can be problematic for creating an overall idea of practice vs. law in these cultures, just as observation among the practice of Bedouins in the 19th century may lead to incorrect conclusions regarding Islamic law since the former did not widely practice the latter despite being considered Muslims. Thus written records are the best indication for what other cultures, such as India or China, have felt about human sexual activities with animals through the ages. Further research needs to be done in these areas but aversions to bestiality are not found only in the West, but also have been documented throughout the world, just as the widespread practice has been documented as existing side by side with laws condemning the activity.

In more recent centuries the subject was studied as a medical aberration, some form of throwback
Throwback
The Throwback, a 1978 satirical novel written by Tom SharpeChicago Throwbacks, a member of the basketball teamThrowback may also refer to:* Evolutionary throwback, a reversion to ancestral type* Throwback, Vol...

 or degeneracy within medicine, and finally within the 20th century, came to be recognized as a sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

 in many cases.

Zoophilia and Jewish law

The important citations for bestiality in the Hebrew Bible can be found in the following laws:
‘Whoever lies with a Beast shall be put to death’ Exodus 22:19
‘Do not have carnal relations with any beast and defile yourself thereby; and let no woman lend herself to a beast to mate with it; it is perversion.’ - Leviticus 18:23
‘If a man has carnal relations with a beast, he shall be put to death; and you shall kill the beast.’ – Leviticus 20:15
‘If a woman approaches any beast to mate with it, you shall kill the woman and the beast; they shall be put to death - their bloodguilt is upon them.’ – Leviticus 20:16
‘accursed is one who lies with any animal.’ And the entire people shall say ‘amen’. – Deuteronomy 27:21

The Mishnah elaborates:
Sanhedrin 7:4 “These are they that are to be stoned: he that has a connection with a beast, and the woman that suffers connection with a beast”

These important passages provide a basis for some understanding of the interpretation of Bestiality that is found later in various legal codes throughout Europe and the United States. Many of them will also appear in some form among legal codes in 17th century Europe.

Clinical and scientific context

In discussing arguments for and against zoophilia activity, the "British Journal of Sexual Medicine" commented over 30 years ago, "We are all supposed to condemn bestiality, though only rarely are sound medical or psychological factors advanced."

People's views appear to depend significantly upon the nature of their interest and nature of exposure to the subject. People often regard it as an extreme form of animal abuse and/or indicative of serious psychosexual issues. Mental health professionals and personal acquaintances of zoophiles who see their relationships over time tend to be less critical, and sometimes supportive. Ethologists
Ethology
Ethology is the scientific study of animal behavior, and a sub-topic of zoology....

 who study and understand animal behaviour and body language, have documented animal sexual advances to human beings and other species, and tend to be matter-of-fact about animal sexuality
Animal sexuality
Animal sexual behaviour takes many different forms, even within the same species. Among animals other than humans, researchers have observed monogamy, promiscuity, sex between species, sexual arousal from objects or places, sex apparently via duress or coercion, copulation with dead animals,...

 and animal approaches to humans; their research into animal behavior, emotion
Emotion in animals
There is no scientific consensus on emotion in animals, that is, what emotions certain species of animals, including humans, feel. The debate concerns primarily mammals and birds, although emotions have also been postulated for other vertebrates and even for some invertebrates.Animal lovers,...

 and sexuality
Animal sexuality
Animal sexual behaviour takes many different forms, even within the same species. Among animals other than humans, researchers have observed monogamy, promiscuity, sex between species, sexual arousal from objects or places, sex apparently via duress or coercion, copulation with dead animals,...

 is generally supportive of some of the claims by zoophiles regarding animal cognition, behaviour, and sexual/relational/emotional issues.

Attitudes outside science are discussed in greater length in the article on zoophilia
Zoophilia
Zoophilia, from the Greek ζῷον and φιλία is the practice of sex between humans and non-human animals , or a preference or fixation on such practice...

.

Legal context

Laws on bestiality tend to be shaped by three main factors:
  • Animal welfare concerns
  • Personal moral views of shapers of opinion
  • Cultural beliefs about the act


Issues confusing the matter are that such research as is available is not widely known, and that cases which come to public light may not be representative of the whole spectrum of this behavior.

Posner (1996) states, "there is some evidence that bestiality was particularly reviled because of fear that it would produce monsters... At early common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

, there was no offense of cruelty to animals... The focus of [cruelty to animals
Cruelty to animals
Cruelty to animals, also called animal abuse or animal neglect, is the infliction of suffering or harm upon non-human animals, for purposes other than self-defense. More narrowly, it can be harm for specific gain, such as killing animals for food or for their fur, although opinions differ with...

] statutes is different from that of the traditional sodomy statute
Sodomy law
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed unnatural. It also has a range of similar euphemisms...

; anticruelty statutes are concerned with both the treatment of the animal and with the offense to community standards, while anti-bestiality provisions embodied in the sodomy statutes are aimed only at offenses to community standards."

Animal welfare bodies usually, but not always, view zoophilia as a matter of animal abuse, or at the least, of concern. A notable exception is the Swedish Animal Welfare Agency, which in 2005 addressed concerns over a surge in horse-ripping
Horse-ripping
Horse-ripping, or horse slashing, is an animal cruelty phenomenon involving serious injuries in horses, often involving mutilation of their genitalia and slashing of the flank or neck. It has not been established, however, how often these injuries are caused by human cruelty...

 incidents by reviewing the matter and concluded that although animal cruelty legislation needed updating, a ban on zoophilia activity was not justified by research.

Difficulty in assessing laws on zoophilia

There are two main reasons why it is hard to be certain whether zoophilia acts are legal in a country or area. The terminology used in law may be vague, so it is not clear what is covered, and whilst it is usually clear if a specific law prohibits zoophilia activity, it is not always so clear (for several reasons) whether the absence of an obvious law means the opposite.

Vagueness of terms

Some countries list laws very clearly, such as the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, which specifically prohibits penetration of a human being by the penis of an animal, and penetration of an animal by a human's penis.

By contrast many countries are quite vague about the exact scope of law. Terms such as "sex with animals", "sexual contact", "sodomy", "crime against nature", or "bestiality" are significantly lacking in legal precision, and as with many laws, what may seem very straightforward from a distance is very vague close-up in a courtroom. This also makes them indeterminate and leaves it unclear what exact activities such terms might encompass.

Difficulty in establishing legality

It is difficult to state with certainty which countries beyond these accept zoophilia actions in law. This is for many reasons, the main ones of which are:

Assumption of cruelty

Even if bestiality is not explicitly prohibited, there are often many other laws which can be used to effectively prosecute cases. For example, most countries have animal cruelty laws, and a prosecutor will argue that all zoophilia activity is animal abuse, even if no harm was done to the animal. In some U.S. states, a person who engages in bestiality can be charged with animal "cruelty" even if the animals involved are not injured.

Creative law use

Some countries have a range of historic but vague laws on their statute books (for example sodomy law
Sodomy law
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed unnatural. It also has a range of similar euphemisms...

s, "crime against nature
Crime against nature
Crime against nature is a legal term used in published cases in the United States since 1814 and normally defined as a form of sexual behavior that is not considered natural and is seen as a punishable offense in dozens of countries and several U.S. states...

" laws, or other laws based upon the historical religious beliefs of the culture), and will prosecute under that. Even when these type of laws do not exist, it is often the case that a prosecution will be found on some ground or other, however contrived. Three examples:
  • In one case, prosecutors charged the individual with "sex with a minor".

  • In the case of Kenneth Pinyan
    Kenneth Pinyan
    The Enumclaw horse sex case was a 2005 incident in which Kenneth Pinyan , an American Boeing engineer residing in Gig Harbor, died from receiving anal sex with a stallion at a farm in an unincorporated area in King County, Washington, near the city of Enumclaw...

    , reports suggest that despite seizing and examining carefully a large number of such videos from the property, no evidence of abuse was found. Not only was there no abuse found, but the state had no law against zoophilia activity at the time. Nonetheless, as one news source comments:
"It was only after Pinyan died, when law enforcement looked for one way to punish his associates, that the legality of bestiality in Washington State became an issue ... The prosecutor's office wanted to charge [his friend] with animal abuse, but the police found no evidence of abused animals on the many videotapes they collected from his home. As there was no law against humanely [having sex with] one horse, the prosecutors could only charge [him] with trespassing."

  • In a 2005 Florida
    Florida
    Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

     case, media reports state: "Florida has no law prohibiting sex with animals, so [the defendant] is charged with ... disorderly conduct, specifically a 'breach of the peace by engaging in sexual activity with a dog'..."

Non-codified cultural prohibitions and social taboos

Often there are traditions or unwritten cultural beliefs, such as tribal law or custom, which although not codified as legislation, carry an equal weight to any other law. These are sometimes called customary law, and are one of the main four legal systems in the world.

Finally, whether or not legal, there are often social mores and taboos which frown strongly upon it. For example, even in Sweden, where zoophilia has been legal since 1944, Beetz comments on the findings of Ullerstam:
"It has to be noted in this context, that not having laws against a behavior and acceptance of it by society are two completely different matters... no acceptance of the persons engaging in this kind of sexual activity was adopted by the population. [...] Furthermore, Ullerstam referred to alleged evidence that showed, that many remarkable men had sexual experiences with animals and had to live a life in constant fear because of that. Those men had been widely respected, but would have lost everything if their activities would have become known; all their great contributions would have been forgotten due to a 'primitive moral reaction'."


For these reasons, this article only asserts legality where it is both confirmed and openly acknowledged custom and law that bestiality is legal, and where in fact it is openly confirmed, acknowledged or able to be practiced.

Common reasons given for laws

Laws in the West are in flux at the moment. Some countries such as the UK have recently (2002) relaxed their laws, whilst others (several US states) have recently introduced new ones where none previously existed.

A key factor seems to be the motive behind the change: in the UK the motive was a complete review of all sex offences, which concluded that a life sentence was inappropriately harsh. By contrast in Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...

 USA, the motive for legislation was a "spate of recent cases" http://www.azstarnet.com/allheadlines/122006, and the Arizona legislator is quoted in that source as stating:
"Arizona appears to be in the minority of states that does not make sex with animals a crime. That doesn't necessarily mean we're wrong. But why shouldn't we be in line with everybody else if the rest of the nation thinks it's a problem?"


However, in addition to specific events, much of the motivation behind banning human-animal sex is the personal opinions of single intolerant politicians; Joe Arpaio
Joe Arpaio
Joseph M. "Joe" Arpaio is the elected Sheriff of Maricopa County in the U.S. state of Arizona. First voted into office in 1992, Arpaio is responsible for law enforcement in Maricopa County. This includes management of the Maricopa County Sheriff's Office, county jail, courtroom security,...

 of Arizona, Bob Lynn
Bob Lynn
Bob Lynn is a Republican member of the Alaska House of Representatives, representing the 31st District since 2002. He is currently serving as Chair of the State Affairs Committee, and is a member of the Health & Social Services Committee, Judiciary Committee, Labor & Commerce Committee, and the...

 of Alaska and Nan Rich
Nan Rich
Nan Rich is a Democratic member and current Minority Leader of the Florida Senate, representing the 34th District since 2004. Previously she was a member of the Florida House of Representatives from 2000 through 2004....

 of Florida were all responsible for banning zoophilia in their respective states (because of their own personal beliefs). Because bestiality is a taboo subject, the ban proposals made by the lone politicians were approved without any debate and without anyone questioning the bans.

In cultures with a strong background in Abrahamic religions (Judaism
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...

, Christianity
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...

, and Islam
Islam
Islam . The most common are and .   : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...

), personal or cultural beliefs about God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....

's Biblical
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...

 laws or God's plans for human sexuality
Religion and sexuality
Most world religions have sought to address the moral issues that arise from people's sexuality in society and in human interactions. Each major religion has developed moral codes covering issues of sexuality, morality, ethics etc...

 are a strong influencing factor. These beliefs are caused by speciesism
Speciesism
Speciesism is the assigning of different values or rights to beings on the basis of their species membership. The term was created by British psychologist Richard D...

 (a bias in favor of humans over other species) and anthropocentrism
Anthropocentrism
Anthropocentrism describes the tendency for human beings to regard themselves as the central and most significant entities in the universe, or the assessment of reality through an exclusively human perspective....

. Religious-based beliefs are of Abrahamic origin and not of Hindu or Buddhist origin, since eastern religions are more tolerant of zoophilia.

Against the Abrahamic tradition, in some countries (notably the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

), courts have ruled that views on morality are not sufficient justification for law (Lawrence vs. Texas). In other cases (Muth v. Frank
Muth v. Frank
Muth v. Frank, 412 F.3d 808 , was a case in which the United States Court of Appeals for the Seventh Circuit held that the U.S. Supreme Court's decision in Lawrence v. Texas, 539 U.S. 558 , striking down anti-homosexual sodomy laws as unconstitutional did not extend to the conclusion that laws...

) have ruled adversely to a broader reading of that case. In two U.S. states, laws prohibiting the act of having sex with an animal were ruled unconstitutional.

A second major reason is the strong desire of society to outlaw and punish what is perceived to be animal cruelty and animal abuse. Cultural assumptions and cases of zoosadism
Zoosadism
Zoosadism is a term coined by Ernest Borneman referring to pleasure derived from cruelty to animals. Zoosadism is part of the Macdonald triad, a set of three behaviors that are a precursor to sociopathic behavior.-Research:...

 have left society as a whole wary or hostile towards any belief that animals may engage in sex with humans on a mutual or non-abusive basis. This is partly because of erroneous studies; prior research was performed only on violent, incarcerated abuser populations and mis-cited by parties with vested interests -- this was described by professor emeritus Vern Bullough
Vern Bullough
Vern Leroy Bullough was an American historian and sexologist.He was a distinguished professor emeritus at the State University of New York , an Outstanding Professor in the California State University, a past president of the Society for the Scientific Study of Sexuality, past Dean of natural and...

 as "more a pseudo-science than serious research". According to Bullough, this assumption
Argument from ignorance
Argument from ignorance, also known as argumentum ad ignorantiam or "appeal to ignorance" , is a fallacy in informal logic. It asserts that a proposition is true because it has not yet been proven false, it is "generally accepted"...

 of zoophilia was used for many decades as "proof" that zoosexual activity should be classified as a rare but profound sexual pathology. Although there have been a few cases of zoosadism, there is no link between animal cruelty and non-abusive zoosexual activity. Recent studies suggest that the majority of zoophiles are not cruel to animals:

"In recent surveys, the majority of zoophiles scoffed at the notion that they were abusive toward animals in any way — far from it, they said. Many even consider themselves to be animal welfare advocates in addition to zoophiles."


A major social factor in the proposed introduction of laws is the coming to light of specific cases to public attention; this was the case in Washington, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...

 and Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...

 USA, and also behind recent attempts in 2004 to change the law in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

. In such cases it often does not seem to matter whether there was abuse or not, or how rare or commonly such matters arise. Rather it seems to be a case of moral panic
Moral panic
A moral panic is the intensity of feeling expressed in a population about an issue that appears to threaten the social order. According to Stanley Cohen, author of Folk Devils and Moral Panics and credited creator of the term, a moral panic occurs when "[a] condition, episode, person or group of...

, or "not in my back yard
NIMBY
NIMBY or Nimby is an acronym for the phrase "not in my back yard". The term is used pejoratively to describe opposition by residents to a proposal for a new development close to them. Opposing residents themselves are sometimes called Nimbies...

."

Overall much of the concern can be summarized as coming from lack of knowledge, combined with repugnance
Wisdom of repugnance
The wisdom of repugnance, or the yuck factor,is the belief that an intuitive negative response to some thing, idea or practice should be interpreted as evidence for the intrinsically harmful or evil character of that thing...

 at the concept of human-animal sexuality, presented in a societal context of religious or social abhorrance, and a desire to reduce what is perceived to be abuse. Because laws against zoophilia have been created as a result of moral panic
Moral panic
A moral panic is the intensity of feeling expressed in a population about an issue that appears to threaten the social order. According to Stanley Cohen, author of Folk Devils and Moral Panics and credited creator of the term, a moral panic occurs when "[a] condition, episode, person or group of...

 and not rationality, the reasons for creating these laws have been called "not compelling" and have been described as being "an unjust and unconstitutional infringement on individual liberty."

Laws against zoophilia

Aggrawal has discussed extensively on laws against zoophilia. It is permitted in a few countries, such as Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....

 and Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...

, although ordinary animal treatment laws apply. In other countries, such as Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

 and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

, bestiality is legal, but zoophilia pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...

 is illegal (2008 in Germany).

Elsewhere in the developed world, it is a prudent assumption that it is illegal or at the very least, against social custom.

There are also commonly laws against forcing another person to engage in zoophilia activity, especially minors (usually considered equivalent to rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...

), and laws related to exposing others (either non-consensually or minors) to the sight of a sexual act. In some jurisdictions, laws against zoophilia conduct also include provisions for seizure of animals where convicted.

Sexual handling of an animal for the purposes of veterinary
Veterinarian
A veterinary physician, colloquially called a vet, shortened from veterinarian or veterinary surgeon , is a professional who treats disease, disorder and injury in animals....

 practice, or animal husbandry
Animal husbandry
Animal husbandry is the agricultural practice of breeding and raising livestock.- History :Animal husbandry has been practiced for thousands of years, since the first domestication of animals....

 (breeding), is normally exempted where such laws exist. In public discussion for the recently passed Oregon law, however, one animal shelter's spokesperson wanted the husbandry exemption kept out, as he was concerned that someone might use these "accepted farming practices" as a legal loophole to then have (legal) sexual contact with an animal only for personal enjoyment. One of the legislators responded by asking if they were trying to outlaw an act (of sexual contact), or a state of mind. The veterinary and husbandry exemption was left out of Oregon's law in the final, enacted version.

National laws

Legality
Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

Laws are determined at the state and territory level. Illegal in all of them (the definition of the act is derived from case law and varies for each province) though for 23 years in the Australian Capital Territory
Australian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...

 between 1988 and 2011 it was not a crime.
Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...

Legal. However, the spreading of zoophilia pornography is not, according to a court ruling in 2006 against a man who frequently had sex with dogs in a shelter he had worked for. He was acquitted from the charge of animal abuse and was only found guilty of violating public decency by spreading zoophilia pornographic material he had made at the shelter, which he did mainly via his website under the nickname Freki. The Belgian animal rights organisation Gaia, which filed the complaint, appealed unsuccessfully against the court ruling.
Cambodia
Cambodia
Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...

Legal. , police released a man suspected of zoophilia activity stating that while unusual, falling in love with a dog is not illegal.
Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

Illegal. Section 160 forbidding "bestiality". In addition 'Compelling the commission of bestiality' and 'Bestiality in presence of or by child'(under the age of 16) are also separate crimes and all of these offenses are subject to imprisonment up to 10 years.
Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...

Legal. A 2006 bid by the Danish People's Party
Danish People's Party
The Danish People's Party is a political party in Denmark which is frequently described as right-wing populist by political scientists and commentators. The party is led by Pia Kjærsgaard...

 to outlaw bestiality failed after the a report by the Danish Animal Ethics Council determined that existing laws were sufficient protection against abuse.
Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...

Illegal. "In Ethiopian law bestiality is punishable by law"
Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...

Legal, as long as no physical harm is made to the animal; formerly illegal but made legal in 1971. Making and importing zoophilia pornography is legal, any trading is illegal.
France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

Illegal since 2004, upheld by the Court of Cassation
Court of Cassation (France)
The French Supreme Court of Judicature is France's court of last resort having jurisdiction over all matters triable in the judicial stream but only scope of review to determine a miscarriage of justice or certify a question of law based solely on points of law...

. It had been legal since 1791. Before 1791, bestiality was punished by death to the human and animal perpetrators.
Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

Legal. Sex with animals is not specifically outlawed (but trading pornography showing it is, cf.). In West Germany
West Germany
West Germany is the common English, but not official, name for the Federal Republic of Germany or FRG in the period between its creation in May 1949 to German reunification on 3 October 1990....

, the law making it a crime (§175b
Paragraph 175
Paragraph 175 was a provision of the German Criminal Code from 15 May 1871 to 10 March 1994. It made homosexual acts between males a crime, and in early revisions the provision also criminalized bestiality. All in all, around 140,000 men were convicted under the law.The statute was amended several...

 StGB) was removed in 1969. East Germany before reunification
German reunification
German reunification was the process in 1990 in which the German Democratic Republic joined the Federal Republic of Germany , and when Berlin reunited into a single city, as provided by its then Grundgesetz constitution Article 23. The start of this process is commonly referred by Germans as die...

 had no law against bestiality; zoophilia pornography, however, was very restricted. Certain barriers are set by the Animal Protection Law (Tierschutzgesetz).
Ghana
Ghana
Ghana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south...

Illegal. "Unnatural carnal knowledge" is not permitted under the Ghana criminal code.
Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

Illegal
Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...

Legal, as long as no physical harm is made to the animal.
India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

Section 377 of the IPC (Indian Penal Code) makes it illegal for a person to have sexual contact with an Animal. "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine." The punishment is tougher than the punishment for rape, however only penetration is considered under this section.
Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...

Legal, according to Japanese law.
Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

Legal. (Carl Franz, "The People's Guide to Mexico", 1988. pg. 398)
Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

In 2010 in the process of being made illegal, art. 254 Wetboek van Strafrecht.
New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...

Illegal, under a variety of sections contained in the Crimes Act 1961
Crimes Act 1961
The Crimes Act 1961 is an Act of the Parliament of New Zealand administered by the Ministry of Justice.-Amendments:The Homosexual Law Reform Act 1986 amended the Crimes Act, allowing for consensual homosexual relationships between men....

. Section 143, makes "bestiality" an offence, but as in Canada, the meaning of bestiality is derived from case law. There are also associated offences of indecency with an animal (section 144) and compelling an indecent act with an animal (section 142A). It is interesting to note that in the 1989 Crimes Bill considered abolishing bestiality as a criminal offence, and for it to be treated as a mental health
Mental health
Mental health describes either a level of cognitive or emotional well-being or an absence of a mental disorder. From perspectives of the discipline of positive psychology or holism mental health may include an individual's ability to enjoy life and procure a balance between life activities and...

 issue. In Police v Sheary (1991) 7 CRNZ 107 (HC) Fisher J considered that "[t]he community is generally now more tolerant and understanding of unusual sexual practices that do not harm others." According to the recent New Zealand Book of Lists (2007, p59), however, only one offender apiece are currently serving prison sentences under Sections 142A and 144.
Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...

Illegal. A law was made in November 2008
Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...

Legal. In 2010 a Filipino farmer was jailed for raping another person's dog, but this was covered by existing animal cruelty laws (there are no anti-zoophilia laws)
Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...

Illegal. Penal Code Sexual penetration with living animal
377B. —(1) Any person (A) who —

(a) penetrates, with A’s penis, the vagina, anus or any orifice of an animal; or

(b) causes or permits A’s vagina, anus or mouth, as the case may be, to be penetrated by the penis of an animal,

shall be guilty of an offence.

(2) A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

(3) Any person (A) who —

(a) causes any man (B) to penetrate, with B’s penis, the vagina, anus or any orifice of an animal; or

(b) causes the vagina, anus or mouth, as the case may be, of another person (B) to be penetrated with the penis of an animal,

shall be guilty of an offence if B did not consent to the penetration.

(4) A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. http://statutes.agc.gov.sg/
Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....

Legal. It was formerly illegal, but made legal in 1944. A 2005 report by the Swedish Animal Welfare Agency for the Swedish government expressed strong concerns over the increase in reports of horse-ripping
Horse-ripping
Horse-ripping, or horse slashing, is an animal cruelty phenomenon involving serious injuries in horses, often involving mutilation of their genitalia and slashing of the flank or neck. It has not been established, however, how often these injuries are caused by human cruelty...

 incidents, although noting that "the rise in documented cases did not necessarily mean that there was a de facto increase", and distinguished zoophilia activity from incidents involving physical injury (zoosadism). The Animal Welfare Agency gave as its opinion that current animal cruelty legislation needed updating as it was not sufficiently protecting animals from abuse, but concluded that on balance it was not appropriate to call for a ban.
Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....

Illegal. As in Germany, pornography involving animals is illegal.
Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...

Legal, under Thai law.
Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

Illegal, Animal Rights issue
United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

Anal and vaginal penetration of or by an animal is illegal, and carries a sentence of up to 2 years imprisonment. Historically an unspecified range of acts were illegal, however the Sexual Offences Act 2003
Sexual Offences Act 2003
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...

  which followed a major review of all sexual offences in UK law clarified this, removing the ambiguous activities from the scope of the law, and changing the sentence from life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...

 (which had been criticized as over-harsh) to two years.

Possession of pornography was criminalised in the Criminal Justice and Immigration Act 2008
Criminal Justice and Immigration Act 2008
The Criminal Justice and Immigration Act 2008 is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland...

. The law on pornography is broader than that of actual acts: it also covers oral sex; it applies to dead animals as well as living; images are illegal even if they are faked. Thus an image of a legal act may be illegal to possess. The first prosecutions for bestiality pornography occurred in 2009.
United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

Laws are determined at the state level. Many U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

s explicitly outlaw sex with animals (sometimes under the term of "sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...

" or "unnatural crime against nature
Crime against nature
Crime against nature is a legal term used in published cases in the United States since 1814 and normally defined as a form of sexual behavior that is not considered natural and is seen as a punishable offense in dozens of countries and several U.S. states...

"). Others do not.

Many U.S. state laws against "sodomy" (generally in the context of heterosexual sodomy, oral sex, anal sex and all homosexual conduct) were repealed or struck down by the courts in Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...

, which ruled that perceived moral disapproval on its own was an insufficient justification for banning a private act. On the other hand, the 2004 conviction of a man in Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

 (State vs. Mitchell) demonstrated that even in states with no specific laws against zoophilia acts, animal cruelty statutes would instead be applied. Similarly, in 2011 a Shelby, Ohio
Shelby, Ohio
Shelby is a city in Richland County in the U.S. state of Ohio, northwest of the city of Mansfield. It is part of the Mansfield, Ohio Metropolitan Statistical Area. The population was 9,821 at the 2000 census.-History:...

 zoophile who regularly had sex with his dogs was arrested and charged with animal "cruelty", even though no harm was done to his animals and there are no laws specifically prohibiting bestiality in Ohio. The man's dog was confiscated and given to someone else.

Muth v. Frank
Muth v. Frank
Muth v. Frank, 412 F.3d 808 , was a case in which the United States Court of Appeals for the Seventh Circuit held that the U.S. Supreme Court's decision in Lawrence v. Texas, 539 U.S. 558 , striking down anti-homosexual sodomy laws as unconstitutional did not extend to the conclusion that laws...

 showed that some courts might be "desperate to avoid the plain consequences" of Lawrence and may make "narrow and strained" efforts to avoid seeing it as relevant to other consensual private acts beyond the realm of homosexuality.

Finally, the 1999 Philip Buble case showed that when a self-confessed zoophile is assaulted and the assault is motivated by his zoophilia (i.e., hate crime
Hate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...

), a jury can convict the assailant and a judge give a stern sentence, despite the controversial nature of the cause.

Zoosexual activity (bestiality) is officially illegal in 32 states. Zoosexual activity is a misdemeanor in the following states:
  • Alaska
    Alaska
    Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...

  • Arkansas
    Arkansas
    Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...

  • California
    California
    California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

  • Florida
    Florida
    Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

  • Iowa
    Iowa
    Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...

  • Maryland
    Maryland
    Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...

  • Maine
    Maine
    Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...

  • Minnesota
    Minnesota
    Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...

  • Missouri
    Missouri
    Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...

  • Nebraska
    Nebraska
    Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....

  • New York
    New York
    New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

  • North Dakota
    North Dakota
    North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....

  • Oregon
    Oregon
    Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

  • Pennsylvania
    Pennsylvania
    The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...

  • Utah
    Utah
    Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...

  • Wisconsin
    Wisconsin
    Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...


  • Zoosexual activity (bestiality) is a felony in the following states:
    • Arizona
      Arizona
      Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...

    • Delaware
      Delaware
      Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...

    • Georgia
      Georgia (U.S. state)
      Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...

  • Idaho
    Idaho
    Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....

  • Illinois
    Illinois
    Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...

  • Indiana
    Indiana
    Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...

  • Massachusetts
    Massachusetts
    The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

  • Michigan
    Michigan
    Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....

  • Mississippi
    Mississippi
    Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...

  • Oklahoma
    Oklahoma
    Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...

  • Rhode Island
    Rhode Island
    The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...

  • South Carolina
    South Carolina
    South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...

  • South Dakota
    South Dakota
    South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...

  • Tennessee
    Tennessee
    Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...

  • Virginia
    Virginia
    The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

  • Washington


  • The remaining 18 states (and DC) do not have laws prohibiting zoosexual activity. Two states had laws against zoophilia that were declared unconstitutional by state courts and were subsequently invalidated: Montana
    Montana
    Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...

     and North Carolina
    North Carolina
    North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...

    . In Kansas, a law against zoophilia was repealed. In the District of Columbia, a law against zoophilia (listed under "sodomy") was repealed.

    Bestiality is a felony in Puerto Rico
    Puerto Rico
    Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...

     and is illegal in the U.S. Virgin Islands.
    Zambia
    Zambia
    Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....

    Illegal. Penal code Cap 87 Section 115 forbids "Unnatural Offences" including "carnal knowledge of an animal".

    Pornography laws

    Main articles with legal sections: Obscenity
    Obscenity
    An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...

    , Pornography
    Pornography
    Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...

    , Legal status of internet pornography
    Legal status of Internet pornography
    Due to the international nature of the Internet, Internet pornography carries with it special issues with regard to the law. There is no one set of laws that apply to the distribution, purchase, or possession of Internet pornography. Only the laws of one's home nation apply with regard to...


    Animal pornography is governed in the United States by the same Miller test
    Miller test
    The Miller test , is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.-History and details:The Miller test was developed in the...

     and obscenity laws as any other form of pornography. In many countries such as Canada
    Canada
    Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

    , Hungary
    Hungary
    Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...

     and the Netherlands, such material is legal, although in some countries where zoophilia acts are legal, zoophilia pornography is not (Belgium, Germany, Russia).

    Legality of any given pornographic material has three components: legality of production, legality of sale and transportation, and legality of ownership.

    In general, animal pornography is legal to produce anywhere that zoophilia activity and the creation of pornography in general are both legal. Laws concerning sale, transmission and ownership vary more widely.
    Sale and
    distribution
    Ownership Relevant law
    / notes
    Belgium
    Belgium
    Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...

    Legal Unknown, probably legal due to distribution being legal. In the same case cited above, the man concerned was fined for "violating public decency legislation" as a result of distributing pornography, implying that distribution is illegal, but was not fined for ownership.
    Canada
    Canada
    Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

    Illegal Legal
    Finland
    Finland
    Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...

    Illegal Legal Rikoslaki 17. luku, 18 § (9.7.2004/650)
    Germany
    Germany
    Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

    Illegal Legal §184a StGB
    Hungary
    Hungary
    Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...

    Illegal Legal
    Netherlands
    Netherlands
    The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

    In the process of being deemed illegal as of 2010. In the process of being deemed illegal as of 2010. art. 254a Wetboek van Strafrecht
    New Zealand
    New Zealand
    New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...

    Illegal Illegal s. 3(1) Films, Videos, and Publications Classification Act 1993
    United States
    United States
    The United States of America is a federal constitutional republic comprising fifty states and a federal district...

    As with all pornography, considered obscene if it does not meet the standards of the Miller Test
    Miller test
    The Miller test , is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.-History and details:The Miller test was developed in the...

     and therefore is not openly sold, mailed, distributed or imported across state boundaries or within states which prohibit it. Under U.S. law, 'distribution' could include transmission across the internet
    Internet
    The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...

    . However may be some doubt.
    Usually legal (unless prohibited by state law). Interstate transport or import of pornography even for personal use is technically an offence. various


    Erotic art, such as animal pornography in cartoons and the like, which does not require the recording of an actual sexual incident, are not usually considered sex with animals by the law, and so their status depends upon more general laws such as legal limits upon obscenity or pornography alone, and the thin line between erotic art and pornography.

    Religious laws

    main articles: Religious law
    Religious law
    In some religions, law can be thought of as the ordering principle of reality; knowledge as revealed by a God defining and governing all human affairs. Law, in the religious sense, also includes codes of ethics and morality which are upheld and required by the God...


    In certain religions, sex with animals was part of the legal framework of a theocratic
    Theocracy
    Theocracy is a form of organization in which the official policy is to be governed by immediate divine guidance or by officials who are regarded as divinely guided, or simply pursuant to the doctrine of a particular religious sect or religion....

     state, and as such the matter also falls under religious law
    Religious law
    In some religions, law can be thought of as the ordering principle of reality; knowledge as revealed by a God defining and governing all human affairs. Law, in the religious sense, also includes codes of ethics and morality which are upheld and required by the God...

    . This is particularly the case for Abrahamic religions such as Judaism
    Judaism
    Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...

    , Christianity
    Christianity
    Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...

     and Islam
    Islam
    Islam . The most common are and .   : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...

    , although many other religions and traditions such as Hindu
    Hindu
    Hindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion...

    , Buddhism
    Buddhism
    Buddhism is a religion and philosophy encompassing a variety of traditions, beliefs and practices, largely based on teachings attributed to Siddhartha Gautama, commonly known as the Buddha . The Buddha lived and taught in the northeastern Indian subcontinent some time between the 6th and 4th...

     and even Satanism
    Satanism
    Satanism is a group of religions that is composed of a diverse number of ideological and philosophical beliefs and social phenomena. Their shared feature include symbolic association with, admiration for the character of, and even veneration of Satan or similar rebellious, promethean, and...

     have religious views and rules on the matter which did not form part of a national legislative regime.

    Historical and other laws

    In some countries laws existed against single males living with female animals. For example, an old Peru
    Peru
    Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....

    vian law prohibited single males from keeping a female alpaca
    Alpaca
    An alpaca is a domesticated species of South American camelid. It resembles a small llama in appearance.Alpacas are kept in herds that graze on the level heights of the Andes of southern Peru, northern Bolivia, Ecuador, and northern Chile at an altitude of to above sea level, throughout the year...

     in their residence.

    Impact of laws

    Impact of zoophilia laws has been in four main areas:
    1. A culture of fear, ignorance or witch-hunting, in which the presence of a law becomes evidence that a group are inherently deserving of a law. (A similar effect was noted in respect of the UK's Section 28
      Section 28
      Section 28 of the Local Government Act 1988 caused the controversial addition of Section 2A to the Local Government Act 1986 , enacted on 24 May 1988 and repealed on 21 June 2000 in Scotland, and on 18 November 2003 in the rest of Great Britain by section 122 of the Local Government Act 2003...

       law on homosexuality when passed).
    2. The placing of such people outside the law has led to inhibitions on zoophile's ability to report animal abuse (due to unwillingness to come to legal attention as a witness or otherwise), or alternatively increases zoophile's vulnerability to blackmail (a proportion are reported by vindictive human ex-partners and the like, or the threat used to obtain advantage).
    3. Reduced ability to determine what, if any, support, counselling or other assistance may be appropriate, or to provide or seek the same openly. (A notable exception is in Germany
      Germany
      Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

       where bestiality is legal, and a telephone based charitable crisis support service similar to Samaritans
      Samaritans (charity)
      Samaritans is a registered charity aimed at providing emotional support to anyone in emotional distress or at risk of suicide throughout the United Kingdom and Ireland, often through their telephone helpline. The name comes from the Biblical parable of the Good Samaritan, though the organisation...

       is available)
    4. The personal impact of living with such fears - of loss of partners, or criminal charges - and the need to maintain secrecy even from loved ones (due to lack of legal protection), is a stressor to zoophiles and their relationships.
    5. Even perfectly healthy animals in non-abusive relationships can be at higher risk of certain diseases (and lower risk of others) because they are kept unneutered for sexual purposes. Owners may visit a vet less frequently than they would otherwise, fearing awkward question, or discovery of their secret (leading to criminal prosecution to themselves and the death of their pet) which could theoretically jeopardize the health of their animal. To obtain an intact animal a zoophile may unwillingly and/or unwittingly lend support to abusive animal practices like puppy mills.
    6. It is argued that because humans are animals, laws prohibiting zoosexual activity are speciesist and irrationally keep humans separated from other animals.


    Brian Cutteridge states the following regarding the above issues:

    "Animal sexual autonomy is regularly violated for human financial gain through procedures such as [artificial insemination]. Such procedures are probably more disturbing physically and psychologically than acts of zoophilia would be, yet the issue of consent on the part of the animal is never raised in the discussion of such procedures. To confine the 'right' of any animal strictly to acts of zoophilia is thus to make a law [against zoophilia] based not on reason but on moral prejudice, and to breach the constitutional rights of zoophiles to due process and equality before the law[...] Laws restricting the private conduct of individuals in which 'a person's conduct affects the interests of no person but himself, or need not affect them unless they like,' unjustly constrain the legal and moral rights of such individuals. Laws which criminalize zoophilia based on societal abhorrence of such acts rather than any real harm caused by such acts are an unjust and unconstitutional infringement on individual liberty."


    Connected with this, fear of consequences is reported to prevent zoophiles from seeking clinical advice, for example, by raising zoophilia or losses connected to it with doctors
    Physician
    A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...

     or therapists
    Psychotherapy
    Psychotherapy is a general term referring to any form of therapeutic interaction or treatment contracted between a trained professional and a client or patient; family, couple or group...

    .He continues, "But he surprised me by declaring happily that THAT was the reason I was so feeling so damned rotten. I hadn't lost a dog, I had lost a lover! And I couldn't express that pain to my friends because of the social taboo. Even my wife couldn't fully comprehend the extent of the loss I had suffered. So I was being forced to carry the pain of my loss all alone. That man saved my sanity, and possibly my life." http://forums.livingwithstyle.com/t28848-whats-like-zoophile-.html This is similar to the manner in which homosexuals' issues are under reported in countries where homosexuality is punishable.

    Bioethicist Jacob Appel
    Jacob M. Appel
    Jacob M. Appel is an American author, bioethicist and social critic. He is best known for his short stories, his work as a playwright, and his writing in the fields of reproductive ethics, organ donation, neuroethics and euthanasia....

     of New York University
    New York University
    New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...

    , an opponent of anti-bestiality laws, has stated that such laws are discriminatory; he also states that such laws keep zoophiles "in the shadows" and prevent an accurate assessment of their numbers.

    Notable cases

    There are many cases of zoophilia and the law, so only the most notable are related here.
    • "Freddie the Dolphin" (1991, UK) - man accused of masturbating a well known tame dolphin
      Dolphin
      Dolphins are marine mammals that are closely related to whales and porpoises. There are almost forty species of dolphin in 17 genera. They vary in size from and , up to and . They are found worldwide, mostly in the shallower seas of the continental shelves, and are carnivores, mostly eating...

       at sea. Charged with a "lewd act". Acquitted. Expert witnesses testified male dolphins use their erection
      Erection
      Penile erection is a physiological phenomenon where the penis becomes enlarged and firm. Penile erection is the result of a complex interaction of psychological, neural, vascular and endocrine factors, and is usually, though not exclusively, associated with sexual arousal...

      s not just sexually, but socially as well, and no sexual inference could be drawn. Judge summing up said of the £30,000 trial cost, "this has been the most expensive lesson in dolphin sociology that he has ever heard of". http://www.praxagora.com/sierra/flum/9203.htm(dead link)
    • Kenneth Pinyan
      Kenneth Pinyan
      The Enumclaw horse sex case was a 2005 incident in which Kenneth Pinyan , an American Boeing engineer residing in Gig Harbor, died from receiving anal sex with a stallion at a farm in an unincorporated area in King County, Washington, near the city of Enumclaw...

       (2005, USA) - man died following anal penetration by a stallion. Police determined that no cruelty took place. Nonetheless, moral panic
      Moral panic
      A moral panic is the intensity of feeling expressed in a population about an issue that appears to threaten the social order. According to Stanley Cohen, author of Folk Devils and Moral Panics and credited creator of the term, a moral panic occurs when "[a] condition, episode, person or group of...

       led to rapid introduction of laws in the state involved and a search for grounds to charge someone videotaping the incident with at least an offence of some kind.
    • Sudan
      Sudan
      Sudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...

       (February 2006) - man caught having sex with a neighbour's goat
      Goat
      The domestic goat is a subspecies of goat domesticated from the wild goat of southwest Asia and Eastern Europe. The goat is a member of the Bovidae family and is closely related to the sheep as both are in the goat-antelope subfamily Caprinae. There are over three hundred distinct breeds of...

      , is ordered by the council of elders
      Elder (administrative title)
      The term Elder is used in several different countries and organizations to indicate a position of authority...

       to pay the neighbour a dowry
      Dowry
      A dowry is the money, goods, or estate that a woman brings forth to the marriage. It contrasts with bride price, which is paid to the bride's parents, and dower, which is property settled on the bride herself by the groom at the time of marriage. The same culture may simultaneously practice both...

       of 15,000 Sudanese dinars ($50) and marry the animal. http://news.bbc.co.uk/1/hi/world/africa/4748292.stm
    • Cambodia
      Cambodia
      Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...

       (2005) - man caught having a "passionate embrace" in bed with dog, by wife, confessed he loved the dog more and they separated. Cambodian police commented: "As police, we could only solve the problem of his wife then wanting a divorce. We cannot solve the problem of his relationship with his dog, because under Cambodian law it is not strictly illegal... It is amazing, but this husband is not crazy. It seems he is a passionate human being who looked at a dog, and the more he looked, the more passionate he became." http://www.news24.com/News24/Entertainment/Off_Beat/0,,2-1225-2107_1655555,00.html
    • Wisconsin, USA (2007) - Bryan James Hathaway was convicted for having sex with a dead deer. The court case raised some interesting legal issues because the statute prohibits sex with animals, but not carcasses. The defence raised the issue that if a dead animal was an animal, at what point would it cease to be an animal. http://www.theregister.co.uk/2007/03/22/deer_man_convicted/

    See also

    • Human-animal marriage
    • Legal status of internet pornography
      Legal status of Internet pornography
      Due to the international nature of the Internet, Internet pornography carries with it special issues with regard to the law. There is no one set of laws that apply to the distribution, purchase, or possession of Internet pornography. Only the laws of one's home nation apply with regard to...

    • Sexual norm
      Sexual norm
      A sexual norm can refer to a personal or a social norm. Most cultures have social norms regarding sexuality, and define normal sexuality to consist only of certain legal sex acts between individuals who meet specific criteria of age, consanguinity , race/ethnicity A sexual norm can refer to a...

    • Social norm
    • Sodomy law
      Sodomy law
      A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed unnatural. It also has a range of similar euphemisms...

    • Zoophilia
      Zoophilia
      Zoophilia, from the Greek ζῷον and φιλία is the practice of sex between humans and non-human animals , or a preference or fixation on such practice...

    The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
     
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