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 West Virginia, bestiality is considered a criminal offense under the state's animal cruelty laws. Specifically, West Virginia Code §61-8-19 prohibits sexual abuse of animals. Under this statute, a person may be charged with a crime if they engage in any sexual contact with an animal, which includes, but is not limited to, the acts described in the provided topic description. The law also addresses the possession, sale, transfer, or purchase of animals for the purpose of sexual contact, as well as organizing or promoting such activities. Depending on the circumstances, the offense can be prosecuted as a misdemeanor or a felony, with penalties varying based on the severity of the offense and whether it is a repeat offense. Additionally, the presence of a minor during the commission of such acts can lead to more severe charges. It is important for individuals in West Virginia to understand that engaging in any form of sexual activity with animals is illegal and subject to serious legal consequences.