Bestiality—also known as zoophilia or sexual abuse of animals—is the criminal offense of a person making sexual contact with a non-human animal. Bestiality laws vary from state to state, but a person generally commits the crime of bestiality if the person knowingly:
• engages in an act involving contact between the person’s mouth, anus, or genitals and the anus or genitals of an animal;
• engages in an act involving contact between the person’s mouth, anus, or genitals and the mouth of the animal;
• fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing;
• causes an animal to contact the seminal fluid of the person;
• inserts any part of a person’s body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice;
• possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent to be used for such sexual contact;
• organizes, promotes, conducts, or participates as an observer of such sexual contact;
• causes a person to engage or aids a person in engaging in such sexual contact;
• permits such sexual conduct to occur on property under the person’s ownership or control;
• engages in such sexual contact in the presence of a child under the age of 18; or
• advertises, offers, or accepts the offer of an animal with the intent that the animal be used for such sexual contact.
The criminal offense of bestiality may be prosecuted as a misdemeanor or as a felony, depending on the state and the circumstances. Bestiality laws are generally located in a state’s statutes—often in the penal or criminal code.
In North Dakota, bestiality is considered a criminal offense under Section 12.1-20-13 of the North Dakota Century Code. The law explicitly prohibits sexual acts between humans and animals. Individuals are guilty of the offense if they engage in sexual acts with an animal, including any contact between a person's mouth, anus, or genitals and those of an animal, or if they involve an animal in a sexual act with a human. The law also criminalizes facilitating, promoting, or observing such acts, as well as possessing or distributing any recordings of bestiality. Violation of this statute is classified as a Class A misdemeanor. However, if the offense involves distributing or possessing materials depicting such acts, it may be prosecuted as a Class C felony. Additionally, the law provides for the forfeiture of any animals involved in the offense and prohibits offenders from owning or residing with animals for a period determined by the court.