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 South Dakota, bestiality is considered a criminal offense under SDCL 22-22-42. The law explicitly prohibits engaging in acts of sexual contact with an animal, which includes any contact between a person's mouth, anus, or genitals and those of an animal, as well as other specified acts that are sexual in nature. The statute also criminalizes the possession, sale, transfer, or purchase of animals with the intent of using them for sexual contact, as well as organizing or promoting such conduct. Violation of these laws can result in charges that may be classified as a Class 6 felony, which can carry serious penalties including imprisonment and fines. The severity of the punishment can vary based on the specific circumstances of the offense. It is important for individuals in South Dakota to understand that such activities are illegal and can lead to significant legal consequences.