Last Updated on September 17, 2024
One of the law’s most important purposes is to protect those who cannot defend themselves, including animals. For this reason, sex with animals is illegal since these creatures cannot consent to the act. The act of bestiality (frequently misspelled as “beastiality” or even “beastly”), sometimes called zoophilia, zoo porn, or animal porn, is illegal in most states of the US, but watching porn movies depicting these acts is strangely legal in all but one state. “In California, sexual intercourse with an animal is considered a form of animal abuse, charged under California Penal Code 286.5 (PC),” explains attorney Peter Liss. “If you have been accused of this crime, please call a criminal defense attorney like myself as soon as possible.”
Is Bestiality a Felony?
While laws vary throughout the US, all states but West Virginia have at least one law prohibiting these acts. The severity of the offense will vary depending on the state in question.
Under California law, anyone who sexually assaults any animal to arouse or gratify the sexual desire of a person can be charged with a misdemeanor and sentenced to up to six months in jail. “Because bestiality is a separate law from animal cruelty in the California legal code, most people I’ve seen accused of the crime will be charged with the state’s more generalized animal abuse crime as well,” says Liss. Since animal abuse carries the same penalties as bestiality, you could end up in jail for an entire year if convicted of both crimes.
Do Bestiality Convictions Require Registration as a Sex Offender in CA?
No, as a subsection of California’s animal abuse statutes, this offense is not technically considered a sex crime. It, therefore, does not subject someone to the state’s sex offender registry requirements.
Challenges In Fighting Bestiality Charges
The law considers animals unable to consent to sexual acts, just like juveniles, so trying to defend yourself by explaining that the animal was also aroused will only count as evidence against you. “Unfortunately, I have heard many people accused of this crime attempt to justify their acts in this manner,” says Liss. Never speak to the police when accused of any crime without having your lawyer present.
An additional problem with fighting charges like animal cruelty or bestiality is that just about everyone loves animals and finds them to be innocent. For that reason, it can be difficult to secure an unbiased jury when facing these charges. It is easier to win a jury to your side when it’s a crime most people have considered doing —like shoplifting, rather than a taboo crime like having sex with an animal. While most criminal charges are resolved through plea bargains, when these charges do go to trial, your defense lawyer can be critical in reminding the jury that their job is to remain unbiased about a person’s guilt, no matter how they personally feel about the crime itself.
Is it Illegal to Watch Bestiality Porn?
Making bestiality porn is illegal under the laws of all but one state of the US; however, searching for adult videos containing “beastiality,” “beastiality,” or “beastly” and downloading or watching the videos is legal in all but one state. Oregon is the only state of the union to make viewing bestiality porn illegal.
Of course, this content can only be produced in a state or country where it is legal, and the material must follow other state laws as well, meaning all human participants must be over the age of 18, for example.
“If you have been accused of having sex with an animal or another form of animal abuse, I can help,” says Liss. Please call my office as soon as possible to discuss your case. You can schedule a free initial consultation by calling (760) 643-4050.
