Bestiality is a crime throughout the United States. If you’re facing this charge in Wisconsin, contact Van Severen Law Office, S.C. for help
Bestiality and zoophilia are words that describe various forms of sexually abusing an animal. In March of 2020, Governor Tony Evers signed a law that increased penalties for this crime from misdemeanors to felonies. In the most mitigated circumstances, bestiality in Wisconsin is a Class H felony, carrying a total potential prison sentence of 6 years and $10,000.00 in fines. That 6 years breaks down into 3 years initial confinement followed by 3 years extended supervision. Penalties in aggravated, repeated bestiality situations move all the way to Class D felonies. That felony includes a maximum penalty of 25 years in prison, $100,000.00 in fines, or both. These aren’t the only two possible penalties, and we’ll break all of them down later.
Van Severen Law Office, S.C. is a criminal defense firm with offices throughout Wisconsin. We regularly represent individuals facing serious criminal charges in all corners of the state. Frequently these charges include aggravated felonies, sexual assault charges, and cases that end up in the media. We recognize the stakes involved in these situations, and we’re prepared to help our clients to the finish line.
Contact us at (414) 270-0202. We’ll connect you with one of our criminal defense attorneys, who will begin figuring out how our firm can help you. And if it’s the weekend, or after hours, don’t be afraid to call. You’ll reach our answering service 24/7. We know that you’d rather speak to a human and not an answering machine.
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Section 944.18 of the Wisconsin Statutes – Bestiality
Section 944.18 of the Wisconsin Statutes provides us all kinds of information regarding bestiality laws. It provides important definitions, followed by prohibited conduct, and concludes with the penalties for this crime. Let’s start with the prohibited conduct.
Section 944.18(2) indicates the following:
(2)Prohibited conduct. No person may knowingly do any of the following:
(a) Engage in sexual contact with an animal.
(b) Advertise, offer, accept an offer, sell, transfer, purchase, or otherwise obtain an animal with the intent that it be used for sexual contact in this state.
(c) Organize, promote, conduct, or participate as an observer of an act involving sexual contact with an animal.
(d) Permit sexual contact with an animal to be conducted on any premises under his or her ownership or control.
(e) Photograph or film obscene material depicting a person engaged in sexual contact with an animal.
(f) Distribute, sell, publish, or transmit obscene material depicting a person engaged in sexual contact with an animal.
(g) Possess with the intent to distribute, sell, publish, or transmit obscene material depicting a person engaged in sexual contact with an animal.
(h) Force, coerce, entice, or encourage a child who has not attained the age of 13 years to engage in sexual contact with an animal.
(i) Engage in sexual contact with an animal in the presence of a child who has not attained the age of 13 years.
(j) Force, coerce, entice, or encourage a child who has attained the age of 13 years but who has not attained the age of 18 years to engage in sexual contact with an animal.
(k) Engage in sexual contact with an animal in the presence of a child who has attained the age of 13 years but who has not attained the age of 18 years.
What kind of penalties do I face for committing bestiality?
There’s eleven different kinds of conduct that are illegal under this statute. And although they’re all bestiality, not all of these acts are punished in the same manner. Bestiality penalties are as follows:
Subsections (a) – (g)
Class H felony for the first violation. A Class H felony carries 6 years prison, breaking down into 3 years initial confinement followed by 3 years extended supervision. The maximum fine is $10,000.00.
Class F felony for a second or subsequent offense, or if the act results in death or bodily harm to the animal. A Class F felony carries 12.5 years prison, breaking down into 7.5 years initial confinement followed by 5 years extended supervision. The maximum fine is $25,000.00.
Subsections (h) – (j)
Class F felony for the first violation. The penalties are the same as described above.
Class D felony for a second or subsequent offense. A Class D felony carries 25 years in prison, $100,000.00 in fines, or both. That 25 years prison sentence breaks down into 15 years initial confinement followed by 10 years extended supervision.
Subsections (j) or (k)
Class G felony for a first offense. The penalties include 10 years prison (5 in, 5 out) and $25,000.00 in fines.
Class E felony for a second or subsequent offense. The penalties include 15 years in prison (10 in, 5 out) and $50,000.00 in fines.
Individuals convicted of any of these offenses may not own, possess, reside with, or exercise control over any animal, or engage in employment involving animals, for 5-15 years in addition to any incarceration. They must also submit to a psychological assessment and engage in counseling.
Important legal definitions to consider
When we think about bestiality, frequently farm animals come to mind. But “animal” is defined as any creature, either dead or alive, that is not a human. The word creature allows prosecutors to include domesticated animals like cats and dogs, farm animals, large bugs, birds, and all other animals.
Secondly, what is and what is not “sexual contact” is important when considering this crime. The statute indicates that term means “an act between a person and an animal involving physical contact between the sex organs, genitals, or anus of one of the mouth, sex organ, genitals, or anus of another. Any touching or fondling by a person of the sex organ, genitals, or anus of an animal, or any insertion of any part of a person’s body or any object into the vaginal or anal opening of an animal is also include.
Importantly, accepted veterinary or animal husbandry practices are not criminal and do not fall under this statute.
Bestiality charges occur after sexual contact with any living creature that isn’t a human. While it seems like this occurs frequently with livestock, criminal liability doesn’t require a specific animal.
What about watching pornography involving animals?
Producing animal porn is prohibited by this statute. Certainly the same goes for publishing it online, selling it, or distributing it in any way. But what about actually watching it?
Watching pornography involving animals is not prohibited by this statute. The same goes for simply possessing it. Consuming these materials on a private basis is not prohibited by this law. While that’s the case regarding the law, it’s still probably not a good idea to be involved in these things.
Contact Van Severen Law Office, S.C. to discuss any criminal charges you’re facing.
At Van Severen Law Office, S.C., we represent individuals facing sexual assault charges. Sometimes these charges involve animals, zoophelia, and bestiality allegations. Charges involving any of these allegations are certainly serious, and can result in being sent to prison for decades.
Our Wisconsin criminal defense attorneys do their very best to avoid this situation. You have constitutional rights, and those rights deserve to be defended. That’s why we’re here.
Contact us at (414) 270-0202 to be connected with one of our criminal defense lawyers.
