Legality of bestiality in the United States

Legality of bestiality in the United States looks at the laws prohibiting bestiality in the United States of America. The legality of sex with animals has been steadily decreasing over the past 20 years. As of February 10, 2018, 45 states and 2 territories ban sex with animals, while 5 states and the District of Columbia have decriminalized it (due to repeal of sodomy laws). In 2017, five states (Texas, Kentucky, West Virginia, Vermont and Nevada) introduced legislation to ban bestiality, with Nevada, Vermont, and Texas enacting laws banning it in 2017. New Hampshire and Ohio also banned sex with animals in 2017 (they had 2016 bills which went into effect in 2017).

In late 2017, a bill was introduced in Wisconsin which intends to make sex with animals a felony there. In 2018, five bills were introduced to ban sex with animals: in California (the California bill would make sex with animals a felony), Louisiana (criminalizes promoting or encouraging it), Hawaii, Kentucky, and West Virginia.

Several states, including Oregon, Washington, Tennessee, Illinois, Florida, Alaska and Ohio, criminalize free speech related to sex with animals (such as promoting or encouraging it). These laws have all been recently enacted.

Ohio has the most lenient prison sentences among states with misdemeanor penalties prohibiting bestiality among any state, with a maximum of 90 days in prison and a $750 dollar fine. Michigan has the most lenient prison sentences among states with minimum felony penalties prohibiting bestiality among any state, with a minimum of 1 day in prison. Maryland has the harshest maximum prison sentences among states with misdemeanor penalties prohibiting bestiality among any state, with a maximum of 10 years in prison and/or a maximum of a $1,000 dollar fine. Rhode Island has the harshest minimum prison sentence among states with felony penalties prohibiting bestiality, with a minimum of 7 years in prison. Idaho and Michigan both have the harshest maximum prison sentences among states with felony penalties prohibiting bestiality among any state, with a maximum of life in prison.

Legality of bestiality in the United States: Green Bestiality is legal Yellow Bestiality is a misdemeanor Orange Bestiality is a misdemeanor or a felony Red Bestiality is a felony

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Section 1.

Current status

GREEN Sale and distribution of zoophilic pornography is legal   YELLOW Sale and distribution of zoophilic pornography is a misdemeanor   ORANGE Sale and distribution of zoophilic pornography is a misdemeanor or a felony   RED Sale and distribution of zoophilic pornography is a felony   BROWN Sale and distribution of zoophilic pornography is illegal; unknown punishment GRAY Unknown

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Federal government, federal district, or state	Bestiality	Sale and distribution of zoophilic pornography	Ownership of zoophilic pornography
	Legal Illegal for armed service members since February 4, 1921 Penalty: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years.	N/A	N/A
Alabama	Illegal since July 1, 2014 Penalty: Maximum of 1 year in prison and/or a maximum of a $6,000 dollar fine	Illegal since July 1, 2014 Penalty: Maximum of 1 year in prison and/or a maximum of a $6,000 dollar fine
Alaska	Illegal since September 13, 2010 Penalty: Maximum of 1 year in prison; additionally a court may require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal, require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected, or prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years, or all of the above (first offense) Maximum of 5 years in prison and/or a maximum of a $50,000 dollar fine; additionally a court may require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal, require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected, or prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years, or all of the above (previously convicted on one or more separate occasions within 10 years of the date of the present offense)	Illegal since September 13, 2010 Penalty: Maximum of 1 year in prison; additionally a court may require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal, or require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected, or prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years, or all of the above (first offense) Maximum of 5 years in prison and/or a maximum of a maximum of a $50,000 dollar fine; additionally a court may require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal, require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected, or prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years, or all of the above (previously convicted on one or more separate occasions within 10 years of the date of the present offense)
Arizona	Illegal since September 21, 2006 Penalty: Maximum of 1 year in prison and/or a maximum of a $15,000 dollar fine; additionally a court may require undergoing a psychological assessment and participate in appropriate counseling at the convicted person's own expense, or reimburse an animal shelter for 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 subsection A of this section, or all of the above (presumptive term) Maximum of 2 years in prison and/or a maximum of a $15,000 dollar fine; additionally a court may require undergoing a psychological assessment and participate in appropriate counseling at the convicted person's own expense, or reimburse an animal shelter for 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 subsection A of this section, or all of the above (aggravated term)	Illegal Penalty: Maximum of 2 years in prison and/or a maximum of a $15,000 dollar fine (presumptive term) Maximum of 2 years and 6 months in prison and/or a maximum of a $15,000 dollar fine (aggravated term)
Arkansas	Illegal since March 2, 1819 Penalty: Maximum of 1 year in prison and a maximum of a $2,500 dollar fine	Illegal Penalty: Maximum of 90 days in prison and a maximum of a $1,000 dollar fine (publicly displaying obscene material for advertising purposes if, for advertising purposes, he or she knowingly displays publicly or causes to be displayed publicly obscene material or permits any display of obscene material on premises owned, rented, or operated by him or her) Maximum of 6 years in prison and a maximum of a $10,000 dollar fine (promoting obscene materials if he or she knowingly promotes, or has in his or her possession with intent to promote, any obscene material)
California	Illegal Penalty: Maximum of 6 months in prison and/or a maximum of a $5,000 dollar fine	Legal
Colorado	Illegal since July 1, 2007 Penalty: Minimum of 6 months in prison to a maximum of 1 and a half years in prison and/or a minimum of a $500 dollar fine to a maximum of a $5,000 dollar fine; additionally a court may order an evaluation, which requires the convicted to pay the cost of the evaluation, unless the person qualifies for a public defender, to be conducted prior to sentencing to assist the court in determining an appropriate sentence and if the evaluation results in a recommendation of treatment and if the court so finds, the person shall be ordered to complete an anger management treatment program or any other treatment program that the court may deem appropriate.	Illegal Penalty: Minimum of 6 months in prison to a maximum of 1 and a half years in prison and/or a minimum of a $500 dollar fine to a maximum of a $5,000 dollar fine (promotes or possesses with intent to wholesale promote any obscene material) Minimum of 3 months in prison to a maximum of 1 year in prison and/or a minimum of a $250 dollar fine to a maximum of a $1,000 dollar fine (promotion of obscenity)
Connecticut	Illegal Penalty: Maximum of 1 year in prison and a maximum of a $2,000 dollar fine	Legal
Delaware	Illegal since July 6, 1993 Penalty: Maximum of 8 years in prison	Legal
District of Columbia	Legal since May 23, 1995	Legal
>Florida	Illegal since October 1, 2011 Penalty: Maximum of 1 year in prison and a $1,000 dollar fine	Illegalsince October 1, 2011 Penalty: Maximum of 1 year in prison and a $1,000 dollar fine
Georgia	Illegal since June 1, 1834 Penalty: Maximum of 5 years in prison	Illegal Penalty: Maximum of 1 year in prison and a maximum of a $5,000 dollar fine
Hawaii	Legal	Legal
Idaho	Illegalsince April 1, 1972 Penalty: Minimum of 5 years in prison to a maximum of life in prison	Legal
Illinois	Illegal since January 1, 2003 Penalty: Maximum of 3 years in prison and a $25,000 dollar fine; additionally a court may order the defendant not to harbor animals or reside in any household where animals are present for a reasonable period of time or permanently, relinquish and permanently forfeit all animals residing in the household to a recognized or duly organized animal shelter or humane society, undergo a psychological evaluation and counseling at defendant's expense, reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society, order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation of this Section, or all of the above Maximum of 5 years in prison and a $25,000 dollar fine; additionally a court may order the defendant not to harbor animals or reside in any household where animals are present for a reasonable period of time or permanently, relinquish and permanently forfeit all animals residing in the household to a recognized or duly organized animal shelter or humane society, undergo a psychological evaluation and counseling at defendant's expense, reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society, order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation of this Section, or all of the above (if committed in the presence of a person under 18 years of age or causes the animal serious physical injury or death)	Illegal since January 1, 2003 Penalty: Maximum of 3 years in prison and a $25,000 dollar fine; additionally a court may order the defendant not to harbor animals or reside in any household where animals are present for a reasonable period of time or permanently, relinquish and permanently forfeit all animals residing in the household to a recognized or duly organized animal shelter or humane society, undergo a psychological evaluation and counseling at defendant's expense, reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society, order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation of this Section, or all of the above Maximum of 5 years in prison and a $25,000 dollar fine; additionally a court may order the defendant not to harbor animals or reside in any household where animals are present for a reasonable period of time or permanently, relinquish and permanently forfeit all animals residing in the household to a recognized or duly organized animal shelter or humane society, undergo a psychological evaluation and counseling at defendant's expense, reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of the animal involved in the sexual conduct or sexual contact in addition to any animals relinquished to the animal shelter or humane society, order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation of this Section, or all of the above (if committed in the presence of a person under 18 years of age or causes the animal serious physical injury or death)
Indiana	Illegal since July 1, 2007 Penalty: Minimum of 6 months to a maximum of 2 and a half years in prison and a minimum of a $5,000 dollar fine to a maximum of a $10,000 dollar fine	> Legal
Iowa	Illegal since May 16, 2001 Penalty: Maximum of 2 years in prison and a minimum of a $625 dollar fine to a maximum of a $6,250 dollar fine; additionally the court shall require the person to submit to a psychological evaluation and treatment at the person’s expense.	Illegal Penalty: Maximum of 2 years in prison and a minimum of a $625 dollar fine to a maximum of a $6,250 dollar fine Maximum of 5 years in prison and a minimum of a $750 dollar fine to a maximum of a $7,500 dollar fine (second and subsequent violations of this section by a person who has been previously convicted of violating this section)
Kansas	Illegal since 1850s Penalty: Maximum of 6 months in prison and a maximum of a $1,000 dollar fine	Unknown
Kentucky	Illegal since June 27, 2019 Penalty: Maximum of 5 years in prison, a maximum of a $10,000 dollar fine, relinquish custody of all animals under the person's control, unless the person convicted of violating this section is not the owner of the animal that was the subject of the violation, then the animal shall be returned to the owner of the animal, an animal returned to an owner under this section shall not be spayed or neutered prior to being returned, not harbor, own, possess, or exercise control over any animal, reside in any household where animals are present, or work or volunteer in a place where the person has unsupervised access to animals for a minimum of five years after completion of the imposed sentence, attend an appropriate treatment program or obtain psychiatric or psychological counseling, at the person's expense, and reimburse the agency caring for the animal for reasonable costs incurred for the care and treatment of the animal from the date of impoundment until the disposition of the criminal proceeding.	Illegal since June 27, 2019 Penalty: Maximum of 5 years in prison, a maximum of a $10,000 dollar fine, relinquish custody of all animals under the person's control, unless the person convicted of violating this section is not the owner of the animal that was the subject of the violation, then the animal shall be returned to the owner of the animal, an animal returned to an owner under this section shall not be spayed or neutered prior to being returned, not harbor, own, possess, or exercise control over any animal, reside in any household where animals are present, or work or volunteer in a place where the person has unsupervised access to animals for a minimum of five years after completion of the imposed sentence, attend an appropriate treatment program or obtain psychiatric or psychological counseling, at the person's expense, and reimburse the agency caring for the animal for reasonable costs incurred for the care and treatment of the animal from the date of impoundment until the disposition of the criminal proceeding
Louisiana	Illegal Penalty: Maximum of 5 years in prison and/or a maximum of a $2,000 dollar; additionally a court may relinquish custody of all animals, prohibited from owning or processing any animal for a period of time as deemed appropriate by the court, but not less than five years, not reside in any household where an animal is present, undergo a psychological evaluation for sex offenders and participate in any recommended psychological treatment, reimburse the owner of the animal for expenses incurred for medical treatment or rehabilitation of the victimized animal if the convicted person is not the owner of the animal, required to participate in a sex offender program, law enforcement officer investigating a violation of this Section may lawfully take possession of an animal that he has reason to believe has been victimized under this Section in order to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the offense, or all of the above (first offense) Maximum of 10 years in prison and/or a minimum of a $5,000 dollar fine to a maximum of a $25,000 dollar fine; additionally a court may relinquish custody of all animals, prohibited from owning or processing any animal for a period of time as deemed appropriate by the court, but not less than five years, not reside in any household where an animal is present, undergo a psychological evaluation for sex offenders and participate in any recommended psychological treatment, reimburse the owner of the animal for expenses incurred for medical treatment or rehabilitation of the victimized animal if the convicted person is not the owner of the animal, required to participate in a sex offender program, law enforcement officer investigating a violation of this Section may lawfully take possession of an animal that he has reason to believe has been victimized under this Section in order to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the offense, or all of the above (second offense or second offense and next offenses)	Illegal since May 25, 2018 Penalty: Maximum of 5 years in prison and/or a maximum of a $2,000 dollar; additionally a court may relinquish custody of all animals, prohibited from owning or processing any animal for a period of time as deemed appropriate by the court, but not less than five years, not reside in any household where an animal is present, undergo a psychological evaluation for sex offenders and participate in any recommended psychological treatment, reimburse the owner of the animal for expenses incurred for medical treatment or rehabilitation of the victimized animal if the convicted person is not the owner of the animal, required to participate in a sex offender program, law enforcement officer investigating a violation of this Section may lawfully take possession of an animal that he has reason to believe has been victimized under this Section in order to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the offense, or all of the above (first offense) Maximum of 10 years in prison and/or a minimum of a $5,000 dollar fine to a maximum of a $25,000 dollar fine; additionally a court may relinquish custody of all animals, prohibited from owning or processing any animal for a period of time as deemed appropriate by the court, but not less than five years, not reside in any household where an animal is present, undergo a psychological evaluation for sex offenders and participate in any recommended psychological treatment, reimburse the owner of the animal for expenses incurred for medical treatment or rehabilitation of the victimized animal if the convicted person is not the owner of the animal, required to participate in a sex offender program, law enforcement officer investigating a violation of this Section may lawfully take possession of an animal that he has reason to believe has been victimized under this Section in order to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the offense, or all of the above (second offense or second offense and next offenses)
Maine	Illegalsince September 21, 2001 Penalty: Maximum of 1 year in prison and a maximum of a $2,000 dollar fine Maximum of 5 years in prison and a maximum of a $5,000 dollar fine (has 2 or more prior convictions for violations of section 1032 or essentially similar crimes in other jurisdictions)	Unknown
Maryland	Illegal since June 20, 1632 Penalty: Maximum of 10 years in prison and/or a maximum of a $1,000 fine	Unknown
Massachusetts	since November 15, 1636 as part of the <a href="/web/20200910091758/https://en.wikipedia.org/wiki/Plymouth_Colony" title="Plymouth Colony">Plymouth Colony Illegal since November 1641 as part of the <Massachusetts Bay Colony Penalty: Maximum of 20 years in prison	Legal
Michigan	Illegal since November 4, 1816 Penalty: Maximum of 15 years in prison Minimum of 1 day in prison to a maximum of life in prison (if such person was at the time of the said offense a sexually delinquent person)	Unknown
Minnesota	Illegalsince March 3, 1849 Penalty: Maximum of 1 year in prison and $3,000 fine	Unknown
Mississippi	Illegal since June 1802 Penalty: Maximum of 10 years in prison	Unknown
Missouri	Illegal since August 28, 2002 Penalty: Maximum of 1 year in prison and $1,000 fine	Unknown
Montana	Illegal since January 1865 Penalty: Maximum of 10 years in prison and a $50,000 fine	Unknown
Nebraska	Illegal since March 16, 1855 Penalty: Maximum of 3 months in prison and $500 fine	> Unknown
Nevada	Illegal since October 1, 2017 Penalty: Maximum of 1 year in prison, a $2,000 dollar fine, or both	Illegal since October 1, 2017 Penalty: Maximum of 1 year in prison, a $2,000 dollar fine, or both
New Hampshire	> Illegal since January 1, 2017 Penalty: Maximum of 12 months in prison, a $2,000 fine, and goes on the New Hampshire <a href="/web/20200910091758/https://en.wikipedia.org/wiki/Sex_offender_registry" title="Sex offender registry">sex offender registry</a> (first offense) Maximum of 7 years imprisonment and a fine of no less than $4000 (second offense)	Illegal Penalty: Maximum of 12 months in prison, a $2,000 fine, and goes on the New Hampshire sex offender registry (first offense) Maximum of 7 years imprisonment and a fine of no less than $4000 (second offense)
New Jersey	> Illegal since November 9, 2015 Penalty: Maximum of 18 months imprisonment, fine up to $10,000, or both	Unknown
New Mexico	Legal	Legal
New York	Illegal since the 1600s Penalty: Maximum of 1 year in jail and $1,000 fine Mandatory sex offender registration	Unknown
North Carolina	Illegal since the time from November 17, 1715 to January 19, 1716 Penalty: Minimum of 3 months in prison to a maximum of 1 year in prison	Illegal Penalty: Unknown
North Dakota	Illegal since April 28, 1862 Penalty: Maximum of one year in prison and $2,000 fine	> Unknown
Ohio	Illegal statewide since March 19, 2017 Penalty: Maximum of up to 90 days in prison and $750 dollar fine <a > Illegal in <a href="/web/20200910091758/https://en.wikipedia.org/wiki/Warren,_Ohio" title="Warren, Ohio">Warren, Ohio</a> since June 22, 2016 Penalty: Maximum of up to 180 days in prison and $1,000 dollar fine	Unknown
Oklahoma	Illegal since May 2, 1890 Penalty: Maximum of 10 years in prison	Unknown
Oregon	Illegal since 2001 Penalty: Maximum of 5 years in prison and a maximum $125,000 fine Mandatory sex offender registration	............................ Penalty: Maximum of one 1 year in prison and a $6,250 fine	Illegal since January 1, 2016 Penalty: Maximum of one 1 year in prison and a $6,250 fine
Pennsylvania	Illegal Penalty: Maximum of 2 years in prison and a $5,000 fine	tetsetestsetestet Penalty: Maximum of seven years in prison and up to $15,000 fine.
Rhode Island	> Illegal since May 1647 Penalty: Maximum of 20 years in prison	Unknown
South Carolina	Illegal since December 12, 1712 Penalty: Maximum of 5 years in prison and a $500 fine	Unknown
South Dakota	Illegal since 2003 Penalty: Maximum of 2 years in prison and a $4,000 fine	Unknown
Tennessee	Illegal since 2007 Penalty: Maximum of 6 years in prison and a $3,000 fine	Illegal since 2007 Penalty: Maximum of 6 years in prison and a $3,000 fine
Texas	Illegal statewide since September 1, 2017 >Lubbock, Texas</a> Penalty: Maximum of 2 years in prison	Illegal Penalty: Maximum of a 1 year in prison and/or a fine of not more than $4,000
Utah	Illegal since May 3, 1993 Penalty: Maximum of 6 months in prison and a $1,000 fine	Unknown
Vermont	Illegal since July 1, 2017 Penalty: Maximum of 1 year in prison, $2,000 fine, or both	Illegal since July 1, 2017 Penalty: Maximum of 1 year in prison, $2,000 fine, or both
Virginia	Illegal since March 23, 1661 Penalty: Maximum of 5 years in prison and a $2,500 fine	Unknown
Washington	Illegal since June 7, 2006 Penalty: Maximum of 5 years in prison and a $10,000 fine	Illegal since June 7, 2006 Penalty: Maximum of 5 years in prison and a $10,000 fine
West Virginia	Legal; 2017 bill & 2018 bill would've banned it	Legal
Wisconsin	Illegal since July 3, 1836; 2017/2018 bill would make it a felony Penalty: Maximum of 9 months in prison and a $10,000 fine $10,000; for a repeat offender, maximum of two years in prison	Unknown
Wyoming	Legal	Unknown