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 New York, bestiality is considered a criminal offense under the state's Agriculture and Markets Law, Section 353-a. This law specifically prohibits sexual conduct with an animal and defines such conduct as a person engaging in a sexual act with an animal or aiding another person to do so. The law also covers the possession, sale, or purchase of animals with the intent for use in sexual acts. Violation of this statute is classified as a misdemeanor offense. Additionally, under the New York Penal Law Section 130.20, committing a sexual offense against an animal can lead to charges of sexual misconduct, which is also a misdemeanor. The penalties for these offenses can include fines, imprisonment, or both. It is important for individuals to understand that these laws are in place to protect animals from abuse and to maintain public morality. An attorney can provide more detailed information on the legal consequences and defenses related to charges of bestiality in New York.