Beastiality Laws from Around the World

Newsgroups: alt.sex.bestiality
From: [email protected] (ASB FAQ-keeper)
Subject: PIP: Zoophilia and The Law [1/1]
Expires: !NEXTMONTH! 00:00:00 GMT
Followup-To: alt.sex.bestiality
Summary: Periodic Informational Posting; Details on laws around the world
affecting zoophiles.
Organization: ...is something to strive for.  :)
Keywords: FAQ, PIP, zoophilia, bestiality, law
X-Disclaimer: Use this information at your own risk.

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Alt.sex.bestiality P.I.P.s, Version 1.12                   Posted !NOW_MONTH!
[Zoophilia and The Law -- Today]                    Revised September 5, 1997
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[ The people who have contributed to this PIP are listed at the end of the 
  document.  The information in this PIP is compiled and updated by Shuunka 
  Tanka ([email protected]), and is posted monthly by the FAQ-keeper, 
  currently [email protected].  Use this information at your own risk: 
  please read the important disclaimer in the introduction below. ]

=============================[A - INTRODUCTION]==============================

Suggestions for finding laws not listed here:

1. Go to your local library and ask where your countries statues or laws
   are.

2. Look through the statues volumes for the ones labeled General Index.

3. Open up the volume(s) and look-up the heading "Animals" look and see
   if that section contains a sub-heading of "Bestiality" also check
   under the sub-heading "Crimes & Offences" and under that heading search
   for "Sexual Abuse" or "Sexually Assaulting Animals" You might also look
   up the sub-heading "Cruelty" to see if it has anything.

   Look up the heading "Bestiality"

   Look up the heading "Sexual Offences" look for the sub-heading
   of "Bestiality" & "Animal Contact" & "Sexually Assaulting Animals"
   You might also find it under the sub-heading "Unnatural/perverted acts"
   or "Buggery"

   There is also a small chance you may find something under the humane laws
   headings.

   You may also want to check any other sub-headings that you suspect
   may contain information on bestiality.

4. Record the statue number under the subheading. It may be in various
   forms: $$ ##.##.###  or  ##-##-##.###  or  ###.### or others.

5. On the back of the state statue volumes you will find Title or Chapter
   numbers in the form: ## to ##. These numbers are different from the
   volume numbers. They usually will correspond to the statue's Title or
   Chapter numbers.      Example:       ##.##.###
                                        `| |___|
                         Title or Chapter'   L Section

6. Find the volume that contains the Title number that is the same as the
   first number in the statue number.

7. If you can not find the law, then it may be that your area does not have
   any specific law about bestiality. However, this does not mean the your
   area can't charge a person under another law that may consider fits the
   situation such as indecent exposure, cruelty to animals, or another law.

Other Points on Laws:

- Having sex with someone else's animal without the owner's permission
  is a crime against property, the same as if someone "borrowed" his horse
  to haul their carriage without his permission.  Remember that horse
  thievery was a hangin' offense in the old West.

- Sex in public is "open and gross lewdness."  People have been prosecuted
  for ordinary sex in a fenced-in backyard and even in a bedroom with the
  shades up, on the basis that a child *could have* climbed the fence or
  looked in the window and seen something.

- Sometimes prosecutors are imaginative, and will creatively apply
  irrelevant laws.  For instance, statutory rape if the animal is less
  than 18 years old.

- Exposing a child to bestiality is considered child abuse/sexual abuse in
  many states. If someone leaves a tape in a VCR and a child hits play and
  sees it, that may be considered exposure.

- There may be something in the obscenity laws regarding bestial acts on
  video tapes.

- In many states even where bestiality is legal, it IS legally grounds for
  divorce.

- To really know the legality, you would have to look at court cases in your
  area to see how judges define the laws and whether the law has been
  enforced at all and whether acts between humans are equivalent to acts
  between a human and an animal.

- This document is no substitute for your own research about how the 
  laws are applied in your own area.

- This document is no reason to throw caution to the wind about getting 
  caught.  You can still be harassed, blackmailed or beaten up by someone 
  who catches you.  

*****************************************************************************
                    USE THIS INFORMATION AT YOUR OWN RISK!
*****************************************************************************
DISCLAIMER:  None of the contributors to this document, nor the poster of it,
assume any responsibility for the accuracy of this information.  This should
NOT be construed as legal counsel or advice.  However, the authors of this
document have made every effort to keep this information as accurate and 
up-to-date as possible.  If you are aware of any errors herein, please point 
them out, by posting to ASBest and by email to the maintainer of this PIP,
Shuunka Tanka ([email protected]) or the FAQ-keeper, ([email protected]).

Before staking your well-being and/or freedom on this information, you are 
*strongly encouraged* to go to your local library to research it yourself,
or better still, to consult a lawyer.
*****************************************************************************

========================[B - STATE LAWS IN THE U.S.]=========================

VAR - Verification of information. Most state/countries laws are only
      located in that states/countries local libraries. So only some laws
      have been confirmed through research. Others are given by word of
      mouth and some have not been researched at all.
      C = Confirmed and verifyed laws.
      W = laws given by word of mouth (or computer)
      - = Laws not known.

LAW - Is their a specific law against bestiality in that state/country.
      NONE = No specific law found against bestiality
      YES  = Law found regarding bestiality.

SN  - Statute Number. If a law has been found this is the state/country's
      statute number it was found under.

PEN - Penalty classification for violating the law. This may vary between
      states/countries. PT = Prison time

STATE/COUNTRY  VAR  LAW  SN                                PEN

USA LAWS

       Alabama: C  YES   Code of Ala. @13A-6-63   "sodomy in the 1st degree"
                         (1994)                    criminal offense.
        Alaska: C  NONE
       Arizona: C  NONE
      Arkansas: C  YES   Ark. Stat. Ann.          Criminal Offense:
                         @13A-6-63 (1994)         "sodomy in 1st degree"
    California: C  YES   Penal Code Section 286.5 Misdemeanor
      Colorado: C  NONE
   Connecticut: C  YES   General Statutes of CT   Class A misdemeanor
                         Sec. 53a-73a             Sexual assault in the  
                                                  fourth degree.
      Delaware: C  YES   11 Del. C. @777 (1993)   Class D Criminal felony.
       Florida: C  NONE
       Georgia: C  YES   O.C.G.A. @16-6-6 (1994)  1-5 yr. jail sentence.
        Hawaii: C  NONE
         Idaho: C  YES   Idaho Code @18-6605      "length of imprisonment in
                         (1994)                    excess of 5 years is left
                                                   to discretion of court."
      Illinois: C  YES   720 ILCS 5/12-12 (1994)  Crime.
       Indiana: C  YES   Burn Ind. Code. Ann.
                         @35-42-4-2 (1994)
          Iowa: C  NONE
        Kansas: C  YES   K.S.A. @2103506 (1993)   Aggravated criminal sodomy
                                                  security level 2, felony
      Kentucky: C  NONE
     Louisiana: C  YES   Revised Statutes 14:89   $2,000 fine and/or 5 years
                                                  with or without hard labor.
         Maine: C  YES   17-A M.R.S. @ 251 (1994) Class C Crime; 3-5 years
      Maryland: C  YES   Unnatural/Perverted      up to $1,000 fine,
                         Sexual Acts Article 27,  Max of 10 years PT
                         Section 553
 Massachusetts: C  YES   Mass. Ann. Laws.         Jail sentence of not
                         ch. 272 @34 (1994)       more than 20 years
      Michigan: C  YES   MCL @750.185 (1992)      Jail sentence of not more
                                                  than 15 years
    Minnessota: C  YES   Minn. Stat. @609.294,    Either fine of not more
                         (1993)                   than $3,000 or sentence of
                                                  not more than 1 year.
   Mississippi: C  YES   Miss. Code. Ann.,        Sentence of not more than
                         @97-29-59                10 years.
      Missouri: C  NONE
       Montana: C  YES   Mont. Code. Ann.,        10 year sentence and/or
                         @45-5-505 (1994)         $50,000 fine.
      Nebraska: C  NONE
        Nevada: C  NONE
 New Hampshire: C  NONE
    New Jersey: C  NONE
    New Mexico: C  NONE
      New York: C  YES   NY CLS Penal @130.20     Class A misdemeanor.
                         (1994)
North Carolina: C  YES   N.C. Gen. Stat. @14-177  Class I felony.  3-10 years
                         (1994)
  North Dakota: C  YES   N.D. Cent. Code          Various penalties, and can
                         @12.1-20-03, 12.1-20-07, be considered either
                         12.1-20-12(1993)         "gross sexual imposition,"
                                                  "sexual assault" or
                                                  "deviate sexual act"
          Ohio: C  NONE
      Oklahoma: C  YES   21 Okl. St. @886 (1994)  "imprisonment not to
                                                   exceed 10 years"
        Oregon: C  NONE
  Pennsylvania: C  YES   18 Pa. C. S. @3101,
                         3123 and 3124 (1994)
  Rhode Island: C  YES   R.I. Gen. Laws @11-10-1  7-20 years.
                         (1993)
South Carolina: C  YES   S.C. Code Ann.           5 yrs jail and/or fine of
                         @16-15-120 (1993)        at least $500
  South Dakota: C  NONE
     Tennessee: C  YES   Tenn. Code. Ann.
                         @39-13-501 (1994)
         Texas: C  NONE
          Utah: C  YES   Bestiality 76-9-301.8    Class B Misdemeanor
       Vermont: C  NONE
      Virginia: C  YES   Va. Code. Ann.           Class 6 Felony
                         @18.2-361 (1994)
    Washington: C  NONE
 Washington DC: C  YES   DC Code @22-3502 (1994)  Fine not more than $1,000
                         ("Sexual Psychopath"     and/or sentence of not
                          chapter)                more than 10 yrs
 West Virginia: C  NONE
     Wisconsin: C  YES   Wis. State. @944.17      None listed
                         (1993)
       Wyoming: C  NONE

========================[C - LAWS IN OTHER COUNTRIES]========================

        Canada: C  YES   Criminal Code of Canada  Approx 10 years
                         Part V, Section 160.
                         <URL:http://canada.justice.gc.ca/>
       Denmark: W  NONE
       Finland: W  NONE  -                        -
        Mexico: C  NONE  according to Franz, Carl: 
                         "The People's Guide to Mexico", 1988. pg. 398.
   New Zealand: C  YES   Crimes Act of 1964       Maximum 7 years PT
                         Section 143 & 144
   Switzerland: W  NONE
United Kingdom: C  YES   Sexual Offences Act of   Life imprisonment
                         1956, Section 12(1)      (typically 30 years)
                         Sexual Offences Act of
                         1967, Section 3(1)

=============[D - FEDERAL LAWS OF THE U.S. REGARDING BESTIALITY]=============

1 - Introduction
=-=-=-=-=-=-=-=-

There is no *federal* law which prohibits sex between humans and animals.
There are a few federal laws, however, which list bestiality, along with many
other forms of sex, which are prohibited when involving children (18 USCS
@2256, 3509 (1994) ).

2 - The Roth Test
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In 1957, the U.S. Supreme Court developed the "Roth Test" to define
"obscenity."  The Roth Test requires that the court ask "whether to the
average person, applying contemporary community standards, the dominant theme
of the material taken as a whole appeals to prurient interest"
(Roth v. United States, 354 US 476, 1).  Since the Roth decision, the
Supreme Court has added that such material must be utterly without redeeming
social values.

3 - United States Code Chapter 71; Obscenity
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Section   Content
=======   =======
 1460     Possession with intent to sell, and sale, of obscene matter on
          Federal property
 1461     Mailing obscene or crime-inciting matter
 1462     Importation or transportation of obscene matters
 1463     Mailing indecent matter on wrappers or envelopes
 1464     Broadcasting obscene language
 1465     Transportation of obscene matters for sale or distribution
 1466     Engaging in the business of selling or transferring obscene
          matter
 1467     Criminal forfeiture
 1468     Distributing obscene material by cable or subscription television
 1469     Presumptions

In Armijo v. U.S., 384 F2d 694, The court ruled that portions of letters
describing in detail "degenerate bestiality" were not merely obscene but
represented hard-core pornography.

The federal code most damaging to zoophiliac freedom is 18 USCS @ 1461, which
prohibits obscene books as mailable.  In the case U.S. v. Miller 455 F.2d
899, this statute was applied by court to find that books describing
bestiality between women and a dog were "unmailable."

Now remember the Roth Test...So now you know that you can't mail, import,
transport, broadcast, transport, sell, transfer, or distribute via cable or
subscription televison, obscene material.

Criminal forfeiture?  Guess what, Code 1467 says that the courts can take
any property that involved the obscenity law being broken.  This could be
your VCR, your car, your computer, etcetera. You forfeited them when you
used them to break the law.

Presumptions?  Code 1469 means that if there is any hint that the material
was made somewhere else, be it direct evidence or even circumstantial
evidence, then the courts will immediately assume it was transported and
therefore violated Code 1462 as well.

=======================[E - CONTRIBUTORS TO THIS PIP]========================

   Dillillith
   Shuunka Tanka ([email protected]) 
   Philo Therion ([email protected])
   Phalinx
   [email protected]
   Megadog ([email protected]) 
   SteppenWolf, ([email protected])
   Cordite

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     The FAQ and the PIPs for alt.sex.bestiality can also be found via:
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                     E-mail at [email protected] (Ima Zoo)
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