Zoophilia and the law in the United States

Zoophilia and the law in the United States looks at the laws governing sex with animals in the United States of America. As of November 2016, sex with animals is illegal in 41 states, Puerto Rico and the U.S. Virgin Islands.^[1] The most recent states to ban it are Alaska (2010), Florida (2011), Alabama (2014), New Jersey (2015) and New Hampshire (2016). Prior to 2000 the number of states banning it was much lower.^[1]

A few states, such as Connecticut, Alaska, Maine and New Hampshire, make bestiality a misdemeanor and a felony.

Zoophilia

Federal law

Laws against bestiality and sodomy in the United States are largely a matter of state rather than federal jurisdiction, except for laws governing the District of Columbia and the U.S. Armed Forces. There is no federal law which explicitly prohibits sex between humans and animals.^[2]

District of Columbia

In 1801, Congress enacted the District of Columbia Organic Act of 1801 that continued all criminal laws of Maryland and Virginia in the now formally structured District, with those of Maryland applying to that portion of the District ceded from Maryland, and those of Virginia applying to that portion ceded from Virginia. At the time, Maryland had a sodomy law applicable only to free males with a punishment of "labor for any time, in their discretion, not exceeding seven years for the same crime, on the public roads of the said county, or in making, repairing or cleaning the streets or bason [sic] of Baltimore-town" and the death penalty for slaves committing sodomy, while Virginia had a penalty of 1–10 years for free persons committing sodomy, but had the death penalty for slaves committing sodomy. The law went into effect on February 27, 1801.^[3]

In 1831, Congress established penalties in the District of Columbia for a number of crimes, but not for sodomy. It specified that "every other felony, misdemeanor, or offence not provided for by this act, may and shall be punished as heretofore[.]" At the time, Maryland and Virginia had a penalty of 1–10 years for committing sodomy. It went into effect in March 2, 1831.^[3]

In 1892, Congress passed a law for the District of Columbia that states that "for the preservation of the public peace and the protection of property within the District of Columbia." Labeled in the law as vagrants were "all public prostitutes, and all such persons who lead a notoriously lewd or lascivious course of life[.]" All offenders had to post bond of up to $200 for good behavior for a period of six months. The law went into effect on July 29, 1892.^[3]

In 1898, Congress deleted the word "notoriously" from the provision concerning a lewd or lascivious course of life, thereby allowing prosecution of those without notoriety. The bond for good behavior was raised to $500, and the law was made clearly gender-neutral. The law went into effect on July 8, 1898.^[3]

In 1901, Congress adopting a new code for the District of Columbia that expressly recognized common-law crimes, with a penalty for them of up to five years and/or a $1,000 fine. The law went into effect on March 3, 1901.^[3]

In 1935, Congress passed a law for the District of Columbia that made it a crime for "any person to invite, entice, persuade, or to address for the purpose of inviting, enticing, or persuading any person or persons...to accompany, to go with, to follow him or her to his or her residence, or to any other house or building, inclosure, or other place, for the purpose of prostitution, or any other immoral or lewd purpose." It imposed a fine of up to $100, up to 90 days in jail, and courts were permitted to "impose conditions" on anyone convicted under this law, including "medical and mental examination, diagnosis and treatment by proper public health and welfare authorities, and such other terms and conditions as the court may deem best for the protection of the community and the punishment, control, and rehabilitation of the defendant." The law went into effect on August 14, 1935.^[3]

In 1948, Congress enacted the first sodomy law in the District of Columbia, which established a penalty of up to 10 years in prison or a fine of up to $1,000 for sodomy. Also included with this sodomy law was a psychopathic offender law and a law "to provide for the treatment of sexual psychopaths in the District of Columbia, and for other purposes." The law went into effect on June 9, 1948.^[3]

In 1981, after the District of Columbia regained home rule from Congress, it enacted a law that repealed the sodomy law, as well as other consensual acts, and made the sexual assault laws gender-neutral. However, the U.S. House exercised the power that it retained to veto laws passed by the District of Columbia Council. On October 1, 1981, the House voted 281-119 to disallow the new law.^{[4][5][6][7][8][9]} In 1983, one of the House vetoes by Congress were declared unconstitutional by the U.S. Supreme Court in the case of Immigration and Naturalization Service v. Chadha, but the law was repealed by an act of Congress in a revision to the home-rule law required by the Supreme Court decision.^[3]

Military

On March 1, 1917, the Articles of War of 1916 are implemented. This included a revision of the Articles of War of 1806, the new regulations detail statutes governing U.S. military discipline and justice. Under the category Miscellaneous Crimes and Offences, Article 93 states that any person subject to military law who commits "assault with intent to commit sodomy" shall be punished as a court-martial may direct.^[10]

On June 4, 1920, Congress modified Article 93 of the Articles of War of 1916. It was changed to make the act of sodomy itself a crime, separate from the offense of assault with intent to commit sodomy.^[10] It went into effect on February 4, 1921.^[11]

On May 5, 1950, the UCMJ was passed by Congress and was signed into law by President Harry S. Truman, and became effective on May 31, 1951. Article 125 forbids sodomy among all military personnel, defining it as "any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient to complete the offence."^[10]

On December 1, 2011, the US Senate voted 93-7 in favor of the National Defense Authorization Act for Fiscal Year 2012, which contained in it a provision repealing Article 125 of the UCMJ. The bill died in Congress.^[12]

The National Defense Authorization Act for Fiscal Year 2014 enacted in December 2013 repealed the ban on consensual sodomy found in Article 125 and added a specific provision in Article 125 of the UCMJ that specifically bans bestiality:^[13]

(b) Bestiality.— Any person subject to this chapter who engages in unnatural carnal copulation with an animal is guilty of bestiality and shall be punished as a court-martial may direct.

(c) Scope of Offenses.— Penetration, however slight, is sufficient to complete an offense under subsection (a) or (b).

— 10 U.S. Code § 925 - Art 125. Forcible sodomy; bestiality, ^[14]

State, territorial, and local laws against zoophilia

State or territory	Year of law(s) being enacted	Statute	Punishment
			Misdemeanor	Felony
Alabama	2014	Alabama legislature passed a law on bestiality, without a Governors signature in 2014.[15]	Maximum of 1 year in prison
Alaska	1884 - 1980 (Jan. 1, 1980) 2010[16]	Sec. 11.61.140 Cruelty to animals. (a) A person commits cruelty to animals if the person (6) knowingly (A) engages in sexual conduct with an animal; or (B) under circumstances not proscribed under AS 11.41.455, (i) photographs or films, for purposes of sexual gratification, a person engaged in sexual conduct with an animal; or (ii) causes, induces, aids, or encourages another person to engage in sexual conduct with an animal; or[17]	Maximum of 1 year in prison[18]	Maximum of 5 years in prison (only if previously convicted under 10 years ago)[19]
Arizona	1863 - 2001 (May 8, 2001) 2006[20]	§ 13-1411. Bestiality; classification; definition A. A person commits bestiality by knowingly doing either of the following: 1. Engaging in oral sexual contact, sexual contact or sexual intercourse with an animal. 2. Causing another person to engage in oral sexual contact, sexual contact or sexual intercourse with an animal.[21]		Maximum of 1 year Maximum of 3 and half years in prison (only applies to those who violate subsection A, paragraph 2)[22]
Arkansas	1819[23]	§ 5-14-122. Bestiality (a) As used in this section, "animal" means any dead or alive nonhuman vertebrate. (b) A person commits bestiality if he or she performs or submits to any act of sexual gratification with an animal involving his or her or the animal's sex organs and the mouth, anus, penis, or vagina of the other.[24]	Maximum of 1 year in prison[25]
California	1850[26]	§ 286.5 Any person who sexually assaults any animal protected by Section 597f for the purpose of arousing or gratifying the sexual desire of the person is guilty of a misdemeanor.[24]	Maximum of 6 months in jail and $1,000 fine[27]
Colorado	1860 - 1861 1861 - 1972 (July 1, 1972) 2007[28]	§ 18-9-202. Cruelty to animals—aggravated cruelty to animals—cruelty to a service animal—restitution (1)(a) A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, or abandons an animal.[29]	Maximum of 1 and half years in prison and $5,000 fine[30]
Connecticut	1639 - 1971 (Oct. 1, 1971) 2005[31]	Sec. 53a-73a. Sexual assault in the fourth degree: Class A misdemeanor or class D felony. (3) such person engages in sexual contact with an animal or dead body; or[32]	Maximum of 1 year in prison and $2,000 fine (16 years old and over)	Maximum of 5 years in prison and $5,000 fine (under 16 years old)[33]
Delaware	1664 - ???? 1719[34] 1993	§ 775. Bestiality (formerly § 777) A person is guilty of bestiality when the person intentionally engages in any sexual act involving sexual contact, penetration or intercourse with the genitalia of an animal or intentionally causes another person to engage in any such sexual act with an animal for purposes of sexual gratification.[35]		Maximum of 8 years in prison[36]
Florida	1848 - 1917 2011 (October 1, 2011)[37]	828.126 Sexual activities involving animals.— (2) A person may not: (a) Knowingly engage in any sexual conduct or sexual contact with an animal; (b) Knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal; (c) Knowingly permit any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control; or (d) Knowingly organize, promote, conduct, advertise, aid, abet, participate in as an observer, or perform any service in the furtherance of an act involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose.[38]	Maximum of 1 year in prison and a $1,000 fine[39]
Georgia	1816[40]	§ 16-6-6. Bestiality (a) A person commits the offense of bestiality when he performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.[41]		Maximum of 5 years in prison
Hawaii		No law[42]
Idaho	1864[43]	§ 18-6605. CRIME AGAINST NATURE—PUNISHMENT Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than five years.[44]		Minimum of 5 years in prison
Illinois	1795[45]	5/12-35. Sexual conduct or sexual contact with an animal (a) A person may not knowingly engage in any sexual conduct or sexual contact with an animal. (b) A person may not knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal. (c) A person may not knowingly permit any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control. (d) A person may not knowingly engage in, promote, aid, or abet any activity involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose.[46]		Maximum of 3 years in prison and $25,000 fine (18 years old and over) Maximum of 50 years in prison and $50,000 fine (under 18 years old) Maximum of 5 years in prison and $25,000 fine (under 18 years old)[47]
Indiana	1795 - ???? 1807 - 1977 (July 1, 1977) 2007[48]	35-46-3-14 Bestiality Sec. 14. A person who knowingly or intentionally performs an act involving: (1) a sex organ of a person and the mouth or anus of an animal; (2) a sex organ of an animal and the mouth or anus of a person; (3) any penetration of the human female sex organ by an animal's sex organ; or (4) any penetration of an animal's sex organ by the human male sex organ; commits bestiality, a Class D felony.[49]		Maximum of 3 years in prison and $10,000 fine[50]
Iowa	1838 - 1843 1892 - 1978 (Jan. 1, 1978) 2001[48]	717C.1. Bestiality 1. For purposes of this section: 2. A person who performs a sex act with an animal is guilty of an aggravated misdemeanor.[51]	Maximum of 2 years in prison or 1 year in jail and $6,250 fine[52]
Kansas	1855[53]	21-5504. Criminal sodomy; aggravated criminal sodomy (a) Criminal sodomy is: (2) sodomy between a person and an animal;[54]	Maximum of 6 years in prison and a $1,000 fine[55]
Kentucky		No law[42]
Louisiana	1805[56]	§89. Crime against nature A. Crime against nature is the unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal, except that anal sexual intercourse between two human beings shall not be deemed as a crime against nature when done under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43. Emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.[57]	Maximum of 5 years in prison and $2,000 fine (18 years old and over) Maximum of 50 years in prison and $50,000 fine (under 18 years old) Maximum of 50 years in prison and $75,000 fine (under 14 years old)
Maine	1677 - 1976 (May 1, 1976) 2001[58]	§ 1031. Cruelty to animals I. Commits bestiality on an animal. For purposes of this paragraph, "commits bestiality" means that a person: (1) Engages in a sexual act with an animal for the purpose of that person's sexual gratification; (2) Coerces anyone to engage in a sexual act with an animal; (3) Engages in a sexual act with an animal in the presence of a minor; (4) Uses any part of the person's body or an object to sexually stimulate an animal; (5) Videotapes a person engaging in a sexual act with an animal; or (6) For the purpose of that person's sexual gratification, kills or physically abuses an animal.[59]	Maximum of 1 year in prison and $2,000 fine	Felony (only for second offense)[60]
Maryland	1632 (De facto) 1776 (De jure)[61]	§ 3-322. Unnatural or perverted sexual practice Prohibited (a) A person may not: (1) take the sexual organ of another or of an animal in the person's mouth; (2) place the person's sexual organ in the mouth of another or of an animal; or[62]	Maximum of 10 years in prison and $1,000 fine
Massachusetts	1636[63]	§ 34. Crime against nature Whoever commits the abominable and detestable crime against nature, either with mankind or with a beast, shall be punished by imprisonment in the state prison for not more than twenty years.[64]		Maximum of 20 years in prison
Michigan	1795 - ???? 1810[65]	750.158 - Crime against nature or sodomy; penalty Sec. 158. Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.[66]		Maximum of 15 years in prison; for a repeat offender, maximum of life in prison
Minnesota	1849[67]	609.294. Bestiality Whoever carnally knows a dead body or an animal or bird is guilty of bestiality, which is a misdemeanor. If knowingly done in the presence of another the person may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000 or both.[68]	Maximum of 1 year in prison and $3,000 fine
Mississippi	1802[69]	§ 97-29-59. Sodomy Every person who shall be convicted of the detestable and abominable crime against nature committed with mankind or with a beast, shall be punished by imprisonment in the penitentiary for a term of not more than ten years.[70]		Maximum of 10 years in prison
Missouri	1812[71]	566.111. Unlawful sex with an animal, crime, penalty 1. A person commits the crime of unlawful sex with an animal if that person engages in sexual conduct with an animal or engages in sexual conduct with an animal for commercial or recreational purposes.[72]	Maximum of 1 year in prison and $1,000 fine[73]
Montana	1865[74]	45-8-218. Deviate sexual conduct. (1) A person who knowingly engages in deviate sexual relations or who causes another to engage in deviate sexual relations commits the offense of deviate sexual conduct. (2) A person convicted of the offense of deviate sexual conduct shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both. 45-2-101. General definitions. Unless otherwise specified in the statute, all words must be taken in the objective standard rather than in the subjective, and unless a different meaning plainly is required, the following definitions apply in this title: (21) "Deviate sexual relations" means any form of sexual intercourse with an animal. [75][76]		Maximum of 10 years in prison and a $50,000 fine
Nebraska	1855[77]	28-1010. Indecency with an animal; penalty A person commits indecency with an animal when such person subjects an animal to sexual penetration as defined in section 28-318. Indecency with an animal is a Class III misdemeanor.[78]	Maximum of 3 months in prison and $500 fine[79]
Nevada		No law[42]
New Hampshire	June 24, 2016[80]	Sex with animals criminalized in New Hampshire on June 24, 2016; all photography of sex with animals was also banned; those caught must go on New Hampshire sex offender registry. Text: 321:1 New Section; Breaches of the Peace; Bestiality. Amend RSA 644 by inserting after section 8-f the following new section: 644:8-g Bestiality. I. A person commits bestiality by knowingly committing any of the following acts: (a) Engaging in sexual contact or sexual penetration with an animal for the purpose of sexual arousal or gratification. (b) Offering or accepting the offer of an animal for consideration with the intent that it be subject to sexual contact or sexual penetration by a human. (c) Photographing or filming or distributing such photographs or films, for the purpose of sexual arousal or gratification, of a person engaged in sexual contact or sexual penetration with an animal. II. Any person convicted of a violation of this section shall be guilty of a class A misdemeanor for a first offense and a class B felony for a second or subsequent offense. III. In addition to any other penalty imposed for a violation of this section, the court shall order that the convicted person: (a) Submit to a psychological assessment and participate in appropriate counseling at the convicted person’s own expense. (b) Reimburse an animal shelter for any reasonable costs incurred for the care and maintenance of any animal that was taken to the animal shelter as a result of conduct proscribed by this section. (c) Shall not own, harbor, exercise control over, or reside in the same household with any animal for a period of time deemed reasonable by the court. IV. This section shall not apply to: (a) Accepted veterinary medical practices. (b) Insemination of animals for the purpose of procreation. (c) Accepted animal husbandry practices that provide care for animals. V. In this section: (a) "Animal” means a nonhuman mammal, bird, reptile, or amphibian, either dead or alive. (b) “Sexual contact” means any act between a person or an animal involving direct physical contact between the genitals or anus of one and the mouth, anus, or other part of the body of the other, or direct physical contact between the genitals of one and the genitals of the other, where such contact can be reasonably construed for the purpose of the person’s sexual arousal or gratification. (c) “Sexual penetration” means any intrusion, however, slight, of any part of the person’s or animal’s body into the body of the other, or any object manipulated by the person into the body of the animal, where such penetration can be reasonably construed for the purpose of sexual arousal or gratification. 321:2 Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1,[80]	Class A misdemeanor (first offense) (Up to 12 months in jail and a $2,000 fine).[81]	Class B felony (second offense) (Minimum prison sentence of 3 years and six months to 7 years imprisonment. Fine of no less than $4000).[82]
New Jersey	November 9, 2015[83]	Criminalized in New Jersey on November 9, 2015. Text: An Act concerning bestiality and amending R.S.4:22-17. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. R.S.4:22-17 is amended to read as follows: [..] (4) Use, or cause or procure the use of, an animal or creature in any kind of sexual manner or initiate any kind of sexual contact with the animal or creature, including, but not limited to, sodomizing the animal or creature. As used in this paragraph, "sexual contact" means any contact between a person and an animal by penetration of the penis or a foreign object into the vagina or anus, contact between the mouth and genitalia, or by contact between the genitalia of one and the genitalia or anus of the other. This term does not include any medical procedure performed by a licensed veterinarian practicing veterinary medicine or an accepted animal husbandry practice. Under the [law], bestiality [is] be a crime of the fourth degree except that the person [is] guilty of a crime of the third degree if the animal or creature dies as a result of the violation; the animal or creature suffers serious bodily injury as a result of the violation; or the person has a prior conviction for an offense that would constitute animal cruelty under the statute. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.[83]	Misdemeanor (Up to 18 months imprisonment, fine up to $10,000, or both)[83]
New Mexico		No law[42]
New York	1613 (De facto) 1665 (De jure)[84]	§ 130.20 Sexual misconduct A person is guilty of sexual misconduct when: 3. He or she engages in sexual conduct with an animal or a dead human body.[85]	Class A Misdemeanor- Maximum of 1 year in jail and $1,000 fine[86][87]
North Carolina	1715[88]	§ 14-177. Crime against nature. If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.[89]		No typical sentence; each case is different.[90]
North Dakota	1862[91]	12.1-20-12. Deviate sexual act. A person who performs a deviate sexual act with the intent to arouse or gratify his sexual desire is guilty of a class A misdemeanor.[92]	Class A Misdemeanor - $2,000 fine and up to 1 year in jail[93]
Ohio		No law[42]
Oklahoma	1890[94]	Section 886 - Crime Against Nature - Penalty Every person who is guilty of the detestable and abominable crime against nature, committed with mankind or with a beast, is punishable by imprisonment in the custody of the Department of Corrections not exceeding ten (10) years. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.[95]		Maximum of 10 years in prison
Oregon	1843 - 1850 (De facto) 1853 (De jure) - 1972 (January 1, 1972) 2001;[96] January 1, 2016[97]	On January 1, 2016, Oregon's anti-zoosexual law (which previously had been made a misdemeanor in 2001) was changed to a felony; photography of sex with animals was banned, encouraging sex with animals was banned, and Oregon became the first state to ban simple possession of zoosexual photographic material. It is also now the state with the highest possible fine ($125,000).[97] The law bans encouraging sex with animals. The text of the new law reads as follows: Be It Enacted by the People of the State of Oregon: SECTION 1. Section 2 of this 2015 Act is added to and made a part of ORS 167.310 to 167.351. SECTION 2. (1) A person commits the crime of encouraging sexual assault of an animal if the person: (a) Knowingly possesses or controls, for the purpose of arousing or satisfying the sexual desires of the person or another person, a visual recording of a person engaged in sexual conduct with an animal; and (b) Knows or is aware of and consciously disregards the fact that the creation of the visual recording involved the sexual assault of an animal as described in ORS 167.333. (2) Encouraging sexual assault of an animal is a Class A misdemeanor. (3) As used in this section: (a) “Sexual conduct” means touching or contacting the mouth, anus or sex organs of an animal or animal carcass, or causing an animal or animal carcass to touch or contact the mouth, anus or sex organs of a person, for the purpose of arousing or gratifying the sexual desire of a person. (b) “Visual recording” includes, but is not limited to, photographs, films, videotapes and computer and other digital pictures, regardless of the manner in which the recording is stored. SECTION 3. ORS 167.333 is amended to read: 167.333. (1) A person commits the crime of sexual assault of an animal if the person: (a) Touches or contacts, or causes an object or another person to touch or contact, the mouth, anus or sex organs of an animal or animal carcass for the purpose of arousing or gratifying the sexual desire of a person; or (b) Causes an animal or animal carcass to touch or contact the mouth, anus or sex organs of a person for the purpose of arousing or gratifying the sexual desire of a person. (2) Subsection (1) of this section does not apply to the use of products derived from animals. (3) Sexual assault of an animal is a Class C felony.[97]		Maximum of 5 years in prison and a maximum $125,000 fine[97][98]
Pennsylvania	1676 - 1995 (Mar. 29, 1995) 1999 (August 17, 1999)[99]	§ 3129. Sexual intercourse with animal A person who engages in any form of sexual intercourse with an animal commits a misdemeanor of the second degree.[100]	Maximum of 2 years in prison and a $5,000 fine[101]
Puerto Rico	1493[102]	Article 145.- Bestiality.- Any person who performs, or incites, coerces or assists another person to perform any type of sexual penetration with an animal shall incur a fourth degree felony.[103]		Maximum of 6 months in prison and a $25,000 fine[104]
Rhode Island	1647[105] 1998	§ 11-10-1. Abominable and detestable crime against nature Every person who shall be convicted of the abominable and detestable crime against nature, with any beast, shall be imprisoned not exceeding twenty (20) years nor less than seven (7) years.[106]		Maximum of 20 years in prison
South Carolina	1712[107]	§ 16-15-120. Buggery. Whoever shall commit the abominable crime of buggery, whether with mankind or with beast, shall, on conviction, be guilty of felony and shall be imprisoned in the Penitentiary for five years or shall pay a fine of not less than five hundred dollars, or both, at the discretion of the court.[108]		Maximum of 5 years in prison and a $500 fine
South Dakota	1862 - 1977 (Apr. 1, 1977) 2003[109]	22-22-42. Bestiality—Acts constituting—Commission a felony No person, for the purpose of that person's sexual gratification, may: (1) Engage in a sexual act with an animal; or (4) Videotape a person engaging in a sexual act with an animal; or[110]		Maximum of 2 years in prison and a $4,000 fine[110]
Tennessee	1790 - 1989 (Nov. 1, 1989) 2007[111]	39-14-214. Criminal offenses against animals. (a) A person commits an offense who knowingly: (1) Engages in any sexual activity with an animal; (2) Causes, aids, or abets another person to engage in any sexual activity with an animal; (3) Permits any sexual activity with an animal to be conducted on any premises under the person's charge or control; (4) Engages in, organizes, promotes, conducts, advertises, aids, abets, participates in as an observer, or performs any service in the furtherance of an act involving any sexual activity with an animal for a commercial or recreational purpose; or (5) Photographs or films, for purposes of sexual gratification, a person engaged in a sexual activity with an animal. [112]		Maximum of 6 years in prison and a $3,000 fine[113]
Texas		Public Lewdness (Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.)[114]Public Lewdness-Penal code Sec. 21.07. Public Lewdness (a) A person commits an offense if he knowingly engages in any of the following acts in a public place, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his acts: (1) an act of sexual intercourses; (2) an act of deviant sexual intercourses; (3)an act of sexual contact; (4) an act involving contact between the persons mouth or genitals and the anus or genitals of an animal or fowl. (b) An offense under this section is a Class A misdemeanor.
Utah	1876[115]	§ 76-9-301.8. Bestiality—Definitions—Penalty (1) A person commits the crime of bestiality if the actor engages in any sexual activity with an animal with the intent of sexual gratification of the actor.[116]	Maximum of 6 months in prison and a $1,000 fine[117]
Virgin Islands	1754 - 1985 (Jan. 16, 1985) ????[118]	§ 2062. Bestiality Whoever shall carnally copulate with a beast shall be imprisoned not more than 5 years.[119]	Maximum of 5 years in prison
Vermont		No law[42]
Virginia	1610 - 1618 1661[120] 2014	§ 18.2-361. A. If any person carnally knows in any manner any brute animal or voluntarily submits to such carnal knowledge, he is guilty of a Class 6 felony. [112]		Maximum of 5 years in prison and a $2,500 fine[121]
West Virginia		No law[42]
Washington	1881 - 1976 (July 1, 1976)[122] 2006 (June 7, 2006)	16.52.205. Animal cruelty in the first degree (3) A person is guilty of animal cruelty in the first degree when he or she: (a) Knowingly engages in any sexual conduct or sexual contact with an animal; (e) Knowingly photographs or films, for purposes of sexual gratification, a person engaged in a sexual act or sexual contact with an animal.[123]		Maximum of 5 years in prison and a $10,000 fine[124]
Wisconsin	1836[125]	944.17. Sexual gratification (2) Whoever does any of the following is guilty of a Class A misdemeanor: (c) Commits an act of sexual gratification involving his or her sex organ and the sex organ, mouth or anus of an animal. (d) Commits an act of sexual gratification involving his or her sex organ, mouth or anus and the sex organ of an animal.[126]	Maximum of 9 months in prison and a $10,000 fine $10,000; for a repeat offender, maximum of 2 years in prison[127]
Wyoming		No law[42]

State, territorial, and local governments that have repealed sodomy laws

Zoophilic pornography in the U.S.

Federal law

The only federal law prohibiting zoophilic pornography, is 18 USC 2256, which prohibits distribution in interstate commerce and on federal property of child pornography of a minor under 18 years old engaging in "sexually explicit conduct" of bestiality.^[142]

The Constitutional definition of Obscenity was narrowed by the US Supreme Court in the 1985 case Brockett v. Spokane Arcades, Inc., which the court endorsed the Model Penal Code of obscenity. The Model Penal Code prohibition against deviate sexual intercourse includes "sexual intercourse per os or per anum between human beings who are not husband and wife, and any form of sexual intercourse with an animal." Federal law does not ban obscenity outright; it leaves this to state and local law. Federal statutes prohibit, among other things, the transmission of obscene matter as defined by state law, in interstate commerce and on federal land.^[143]

Private Internet connections in the United States are not subject to censorship imposed by the government. However, private businesses, schools, libraries, and government offices may use filtering software at their discretion, and in such cases courts have ruled the use of such software does not violate the First Amendment.^[144]

State, territorial, and local law

State, territory, or district	Production	Sale and interstate commerce	Private ownership
Alabama	Legal		Legal
Alaska	Illegal		Legal
American Samoa	Legal		Legal
Arizona	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Arkansas	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
California	Legal		Legal
Colorado	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Connecticut	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Delaware	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
District of Columbia	Legal		Legal
Florida	Illegal		Legal
Georgia	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Guam	Legal		Legal
Hawaii	Legal		Legal
Idaho	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Illinois	Illegal		Legal
Indiana	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Iowa	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Kansas	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Kentucky	Legal		Legal
Louisiana	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Maine	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Maryland	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Massachusetts	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography	Legal[145]	Legal
Michigan	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Minnesota	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Mississippi	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Missouri	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Montana	Illegal;		Legal
Nebraska	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Nevada	Legal		Legal
New Hampshire	Illegal (new law in June 2016)[80]	Illegal (new law in June 2016)[80]	Legal
New Jersey	Legal		Legal
New Mexico	Legal		Legal
New York	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
North Carolina	Illegal[146][147]	Illegal[146][147]	Legal
North Dakota	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Northern Marianas Islands	Legal		Legal
Ohio	Legal		Legal
Oklahoma	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Oregon	Illegal; Zoophilia Illegal; Videotaping/photographing zoophilic pornography[97]	Illegal (New law January 1, 2016)[97]	Illegal (New law January 1, 2016)[97]
Pennsylvania	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography	Illegal[148]	Legal
Puerto Rico	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Rhode Island	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
South Carolina	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
South Dakota	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Tennessee	Illegal;	Illegal	Legal
Texas	Legal	Illegal[149][150]	Legal
Utah	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Vermont	Legal		Legal
Virgin Islands	Illegal	Illegal	Illegal[119]
Washington	Illegal		Legal
West Virginia	Legal		Legal
Wisconsin	Illegal; Zoophilia Legal; Videotaping/photographing zoophilic pornography		Legal
Wyoming	Legal		Legal

See also

• Human–animal marriage
• Legal status of internet pornography
• Sexual norm
• Social norm
• Sodomy laws in the United States
• Zoophilia

References