Newsgroups: alt.sex.bestiality From: sea@umcc.umich.edu (ASB FAQ-keeper) Subject: PIP: Zoophilia and The Law [1/1] Expires: !NEXTMONTH! 00:00:00 GMT Followup-To: alt.sex.bestiality Summary: Periodic Informational Posting; Details on laws around the world affecting zoophiles. Organization: ...is something to strive for. :) Keywords: FAQ, PIP, zoophilia, bestiality, law X-Disclaimer: Use this information at your own risk. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Alt.sex.bestiality P.I.P.s, Version 1.12 Posted !NOW_MONTH! [Zoophilia and The Law -- Today] Revised September 5, 1997 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= [ The people who have contributed to this PIP are listed at the end of the document. The information in this PIP is compiled and updated by Shuunka Tanka (shuunka@netcom.com), and is posted monthly by the FAQ-keeper, currently sea@umcc.umich.edu. Use this information at your own risk: please read the important disclaimer in the introduction below. ] =============================[A - INTRODUCTION]============================== Suggestions for finding laws not listed here: 1. Go to your local library and ask where your countries statues or laws are. 2. Look through the statues volumes for the ones labeled General Index. 3. Open up the volume(s) and look-up the heading "Animals" look and see if that section contains a sub-heading of "Bestiality" also check under the sub-heading "Crimes & Offences" and under that heading search for "Sexual Abuse" or "Sexually Assaulting Animals" You might also look up the sub-heading "Cruelty" to see if it has anything. Look up the heading "Bestiality" Look up the heading "Sexual Offences" look for the sub-heading of "Bestiality" & "Animal Contact" & "Sexually Assaulting Animals" You might also find it under the sub-heading "Unnatural/perverted acts" or "Buggery" There is also a small chance you may find something under the humane laws headings. You may also want to check any other sub-headings that you suspect may contain information on bestiality. 4. Record the statue number under the subheading. It may be in various forms: $$ ##.##.### or ##-##-##.### or ###.### or others. 5. On the back of the state statue volumes you will find Title or Chapter numbers in the form: ## to ##. These numbers are different from the volume numbers. They usually will correspond to the statue's Title or Chapter numbers. Example: ##.##.### `| |___| Title or Chapter' L Section 6. Find the volume that contains the Title number that is the same as the first number in the statue number. 7. If you can not find the law, then it may be that your area does not have any specific law about bestiality. However, this does not mean the your area can't charge a person under another law that may consider fits the situation such as indecent exposure, cruelty to animals, or another law. Other Points on Laws: - Having sex with someone else's animal without the owner's permission is a crime against property, the same as if someone "borrowed" his horse to haul their carriage without his permission. Remember that horse thievery was a hangin' offense in the old West. - Sex in public is "open and gross lewdness." People have been prosecuted for ordinary sex in a fenced-in backyard and even in a bedroom with the shades up, on the basis that a child *could have* climbed the fence or looked in the window and seen something. - Sometimes prosecutors are imaginative, and will creatively apply irrelevant laws. For instance, statutory rape if the animal is less than 18 years old. - Exposing a child to bestiality is considered child abuse/sexual abuse in many states. If someone leaves a tape in a VCR and a child hits play and sees it, that may be considered exposure. - There may be something in the obscenity laws regarding bestial acts on video tapes. - In many states even where bestiality is legal, it IS legally grounds for divorce. - To really know the legality, you would have to look at court cases in your area to see how judges define the laws and whether the law has been enforced at all and whether acts between humans are equivalent to acts between a human and an animal. - This document is no substitute for your own research about how the laws are applied in your own area. - This document is no reason to throw caution to the wind about getting caught. You can still be harassed, blackmailed or beaten up by someone who catches you. ***************************************************************************** USE THIS INFORMATION AT YOUR OWN RISK! ***************************************************************************** DISCLAIMER: None of the contributors to this document, nor the poster of it, assume any responsibility for the accuracy of this information. This should NOT be construed as legal counsel or advice. However, the authors of this document have made every effort to keep this information as accurate and up-to-date as possible. If you are aware of any errors herein, please point them out, by posting to ASBest and by email to the maintainer of this PIP, Shuunka Tanka (shuunka@netcom.com) or the FAQ-keeper, (sea@umcc.umich.edu). Before staking your well-being and/or freedom on this information, you are *strongly encouraged* to go to your local library to research it yourself, or better still, to consult a lawyer. ***************************************************************************** ========================[B - STATE LAWS IN THE U.S.]========================= VAR - Verification of information. Most state/countries laws are only located in that states/countries local libraries. So only some laws have been confirmed through research. Others are given by word of mouth and some have not been researched at all. C = Confirmed and verifyed laws. W = laws given by word of mouth (or computer) - = Laws not known. LAW - Is their a specific law against bestiality in that state/country. NONE = No specific law found against bestiality YES = Law found regarding bestiality. SN - Statute Number. If a law has been found this is the state/country's statute number it was found under. PEN - Penalty classification for violating the law. This may vary between states/countries. PT = Prison time STATE/COUNTRY VAR LAW SN PEN USA LAWS Alabama: C YES Code of Ala. @13A-6-63 "sodomy in the 1st degree" (1994) criminal offense. Alaska: C NONE Arizona: C NONE Arkansas: C YES Ark. Stat. Ann. Criminal Offense: @13A-6-63 (1994) "sodomy in 1st degree" California: C YES Penal Code Section 286.5 Misdemeanor Colorado: C NONE Connecticut: C YES General Statutes of CT Class A misdemeanor Sec. 53a-73a Sexual assault in the fourth degree. Delaware: C YES 11 Del. C. @777 (1993) Class D Criminal felony. Florida: C NONE Georgia: C YES O.C.G.A. @16-6-6 (1994) 1-5 yr. jail sentence. Hawaii: C NONE Idaho: C YES Idaho Code @18-6605 "length of imprisonment in (1994) excess of 5 years is left to discretion of court." Illinois: C YES 720 ILCS 5/12-12 (1994) Crime. Indiana: C YES Burn Ind. Code. Ann. @35-42-4-2 (1994) Iowa: C NONE Kansas: C YES K.S.A. @2103506 (1993) Aggravated criminal sodomy security level 2, felony Kentucky: C NONE Louisiana: C YES Revised Statutes 14:89 $2,000 fine and/or 5 years with or without hard labor. Maine: C YES 17-A M.R.S. @ 251 (1994) Class C Crime; 3-5 years Maryland: C YES Unnatural/Perverted up to $1,000 fine, Sexual Acts Article 27, Max of 10 years PT Section 553 Massachusetts: C YES Mass. Ann. Laws. Jail sentence of not ch. 272 @34 (1994) more than 20 years Michigan: C YES MCL @750.185 (1992) Jail sentence of not more than 15 years Minnessota: C YES Minn. Stat. @609.294, Either fine of not more (1993) than $3,000 or sentence of not more than 1 year. Mississippi: C YES Miss. Code. Ann., Sentence of not more than @97-29-59 10 years. Missouri: C NONE Montana: C YES Mont. Code. Ann., 10 year sentence and/or @45-5-505 (1994) $50,000 fine. Nebraska: C NONE Nevada: C NONE New Hampshire: C NONE New Jersey: C NONE New Mexico: C NONE New York: C YES NY CLS Penal @130.20 Class A misdemeanor. (1994) North Carolina: C YES N.C. Gen. Stat. @14-177 Class I felony. 3-10 years (1994) North Dakota: C YES N.D. Cent. Code Various penalties, and can @12.1-20-03, 12.1-20-07, be considered either 12.1-20-12(1993) "gross sexual imposition," "sexual assault" or "deviate sexual act" Ohio: C NONE Oklahoma: C YES 21 Okl. St. @886 (1994) "imprisonment not to exceed 10 years" Oregon: C NONE Pennsylvania: C YES 18 Pa. C. S. @3101, 3123 and 3124 (1994) Rhode Island: C YES R.I. Gen. Laws @11-10-1 7-20 years. (1993) South Carolina: C YES S.C. Code Ann. 5 yrs jail and/or fine of @16-15-120 (1993) at least $500 South Dakota: C NONE Tennessee: C YES Tenn. Code. Ann. @39-13-501 (1994) Texas: C NONE Utah: C YES Bestiality 76-9-301.8 Class B Misdemeanor Vermont: C NONE Virginia: C YES Va. Code. Ann. Class 6 Felony @18.2-361 (1994) Washington: C NONE Washington DC: C YES DC Code @22-3502 (1994) Fine not more than $1,000 ("Sexual Psychopath" and/or sentence of not chapter) more than 10 yrs West Virginia: C NONE Wisconsin: C YES Wis. State. @944.17 None listed (1993) Wyoming: C NONE ========================[C - LAWS IN OTHER COUNTRIES]======================== Canada: C YES Criminal Code of Canada Approx 10 years Part V, Section 160. Denmark: W NONE Finland: W NONE - - Mexico: C NONE according to Franz, Carl: "The People's Guide to Mexico", 1988. pg. 398. New Zealand: C YES Crimes Act of 1964 Maximum 7 years PT Section 143 & 144 Switzerland: W NONE United Kingdom: C YES Sexual Offences Act of Life imprisonment 1956, Section 12(1) (typically 30 years) Sexual Offences Act of 1967, Section 3(1) =============[D - FEDERAL LAWS OF THE U.S. REGARDING BESTIALITY]============= 1 - Introduction =-=-=-=-=-=-=-=- There is no *federal* law which prohibits sex between humans and animals. There are a few federal laws, however, which list bestiality, along with many other forms of sex, which are prohibited when involving children (18 USCS @2256, 3509 (1994) ). 2 - The Roth Test =-=-=-=-=-=-=-=-= In 1957, the U.S. Supreme Court developed the "Roth Test" to define "obscenity." The Roth Test requires that the court ask "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest" (Roth v. United States, 354 US 476, 1). Since the Roth decision, the Supreme Court has added that such material must be utterly without redeeming social values. 3 - United States Code Chapter 71; Obscenity =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Section Content ======= ======= 1460 Possession with intent to sell, and sale, of obscene matter on Federal property 1461 Mailing obscene or crime-inciting matter 1462 Importation or transportation of obscene matters 1463 Mailing indecent matter on wrappers or envelopes 1464 Broadcasting obscene language 1465 Transportation of obscene matters for sale or distribution 1466 Engaging in the business of selling or transferring obscene matter 1467 Criminal forfeiture 1468 Distributing obscene material by cable or subscription television 1469 Presumptions In Armijo v. U.S., 384 F2d 694, The court ruled that portions of letters describing in detail "degenerate bestiality" were not merely obscene but represented hard-core pornography. The federal code most damaging to zoophiliac freedom is 18 USCS @ 1461, which prohibits obscene books as mailable. In the case U.S. v. Miller 455 F.2d 899, this statute was applied by court to find that books describing bestiality between women and a dog were "unmailable." Now remember the Roth Test...So now you know that you can't mail, import, transport, broadcast, transport, sell, transfer, or distribute via cable or subscription televison, obscene material. Criminal forfeiture? Guess what, Code 1467 says that the courts can take any property that involved the obscenity law being broken. This could be your VCR, your car, your computer, etcetera. You forfeited them when you used them to break the law. Presumptions? Code 1469 means that if there is any hint that the material was made somewhere else, be it direct evidence or even circumstantial evidence, then the courts will immediately assume it was transported and therefore violated Code 1462 as well. =======================[E - CONTRIBUTORS TO THIS PIP]======================== Dillillith Shuunka Tanka (shuunka@netcom.com) Philo Therion (rnewland@netcom.com) Phalinx Satyrs@netcom.com Megadog (megadog@dogstar.win-uk.net) SteppenWolf, (brianac@unix.ubc.edu) Cordite =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= This text is posted on the fourth of every month. The FAQ and the PIPs for alt.sex.bestiality can also be found via: The Web at Stasya's Reading Room (http://stasya.web1000.com) E-mail at imazoo@tir.com (Ima Zoo) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=