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 Montana, bestiality is considered a criminal offense under Section 45-5-505 of the Montana Code Annotated (MCA). The law explicitly prohibits sexual conduct with animals, defining it as a person knowingly engaging in sexual contact with an animal or any involvement in facilitating such contact. This includes direct sexual acts, as well as indirect actions such as organizing, promoting, or observing the act, and possessing or selling animals for the purpose of sexual contact. The law also addresses the presence of minors during such acts, making it illegal to engage in sexual contact with an animal in the presence of a child under 18 years of age. Violation of these laws can result in serious legal consequences, which may range from misdemeanor to felony charges, depending on the specifics of the offense and the presence of aggravating factors. An attorney can provide more detailed information on the potential penalties and legal processes associated with charges of bestiality in Montana.