Beastiality and Beastiality Porn Laws

Earlier this year, NSW Police arrested a man described as the “state’s worst alleged beastiality offender” over a series of alleged acts of sexual abuse against dogs, sheep, goats and chickens. The alleged offender, who went by the pseudonym Beast Boy online, was allegedly engaging in sexual acts with animals in order to make beastiality pornography for others.

Acts of beastiality naturally provoke both public outrage and disgust, which is why specific offences of beastiality exist in every State and Territory in Australia.

The following outlines the offence of beastiality across Australia, noting the criminal penalties attached and any specific defences available in each jurisdiction.

This article is written for informative purposes, and not to be supplemented for legal advice. For legal advice, get in touch with our criminal lawyers Sydney team.

What is Beastiality? | Beastiality Meaning

Beastiality is defined as the conduct of engaging in sexual activity with an animal. However, States and Territories vary in what constitutes criminalised sexual activity in Australia. If not specified in statutory legislation, the common law generally defines beastiality as any act of sexual penetration involving an animal whether the offender is the one penetrating the animal or being penetrated by the animal (R v Packer [1932] VLR 225).

Acts of beastiality can be performed on any animal and, unlike animal cruelty laws, are not limited to vertebrate species. Beastiality concerning vertebrate species includes dog beastiality, horse beastiality, reddit beastiality, pig beastiality and more.

In some jurisdictions, sexual penetration is required in order to constitute an act of beastiality. However, in other jurisdictions any kind of sexual activity will suffice for an offence of beastiality.

Is Beastiality Illegal in New South Wales?

The offence of beastiality in NSW is outlined under section 79 of the Crimes Act 1900 (NSW). This offence carries a maximum penalty of 14 years imprisonment. What constitute beastiality is not defined in statute, meaning the common law definition of sexual penetration applies.

A further offence is outlined under section 80 of the Act encompassing an ‘attempt to commit an act of beastiality with any animal’. This offence carries a maximum penalty of 5 years imprisonment.

Beastiality Porn – Is It Illegal?

The Crimes Act 1900 (NSW) prohibits individuals from making, producing, disseminating, or possessing videos or images of beastiality. The ban also applies to ‘animal crush’ material, which includes materials depicting an animal being crushed, burned, drowned, suffocated, impaled, or otherwise killed or subject to serious injury. The material must have an intention to excite or gratify a sexual interest, or a sadistic or otherwise perverted interest in violence or cruelty.

Making, producing, disseminating, possessing or watching beastiality sex carries a maximum penalty of up to 3 to 5 years imprisonment. It carries 5 years imprisonment for producing or disseminating it, and it carries 3 years imprisonment for possessing or watching it, prescribed by section 547E Crimes Act 1900 (NSW).

A defence to beastiality pornography includes:

• For scientific, medical, or educational research that is pre-approved, authorised, or otherwise permitted under the law,
• If the accused person did not know, and could not reasonably be expected to have known, that the material produced, disseminated, or possessed was beastiality or animal crush material,
• If charged with possession of beastiality porn- if the content came into possession unsolicited and as soon as becoming aware of its content, reasonable steps were taken to discard of it.

Can you Be Charges With Beastiality?

You can be charged with beastiality if the police have enough reliable evidence that you have engaged in acts of beastiality porn or beastiality porn in Australia. Before being charged, the police will investigate as to whether or not a crime has in fact been committed. This will involve the police approaching any potential witnesses and even the alleged offender.

Following police investigation, if of a view that beastiality has been committed, police will then arrest the suspect, request for an interview and file and serve one or more charges. The bail sergeant at the police station will then decide whether or not to grant bail or refuse bail. It is critical to get urgent legal advice as early as possible.

Is Beastiality Legal in Victoria

The offence of beastiality in Victoria is outlined under section 54A(1) of the Crimes Act 1958 (VIC). This offence applies if a person intentionally sexually penetrates an animal or causes or allows an animal to sexually penetrate them. This offence carries a maximum penalty of 5 years imprisonment.

An exception to this offence applies under section 54B of the Act if the conduct occurs in the course of a procedure being carried out in good faith for veterinary, agricultural, or scientific research purposes.

The Offence and Penalty of Beastiality in Queensland

The offence of beastiality in Queensland is outlined under section 211(1) of the Criminal Code 1899 (QLD). This offence applies if a person engages in “penile intercourse with an animal”. This offence carries a maximum penalty of 7 years imprisonment.

“Penile intercourse” is defined under the Act as including the penetration, to any extent, of the vagina, vulva or anus of a person or animal by the penis of another person or animal.

The Offence and Penalty of Beastiality in South Australia

The offence of beastiality in South Australia is outlined under section 69 of the Criminal Law Consolidation Act 1935(SA). This offence encompasses any ‘sexual activity’ between a person and an animal.  This offence carries a maximum penalty of 10 years imprisonment.

The Offence and Penalty of Beastiality in Western Australia

The offence of beastiality in Western Australia is outlined under section 181 of the Criminal Code Act Compilation Act 1913 (WA). This offence encompasses  having “carnal knowledge of an animal”. This offence carries a maximum penalty of 7 years imprisonment.

The term “carnal knowledge” refers to sexual penetration.

The Offence and Penalty of Beastiality in Tasmania

The offence of beastiality in Tasmania is outlined under section 122(1) of the Criminal Code Act 1924 (Tas). This offence carries a maximum penalty of 21 years imprisonment.

What constitute beastiality is not defined in statute, meaning the common law definition of sexual penetration applies.

An exception to this offence is outlined under section 122(2) of the Act if offending act occurred during a procedure carried out for a genuine veterinary, agricultural, or scientific research purpose, and was reasonable in the circumstances.

The Offence and Penalty of Beastiality in the ACT

The offence of beastiality in the ACT is outlined under section 63A of the Crimes Act 1900 (ACT). This offence encompasses ‘sexual acts’ with an animal. This offence carries a maximum penalty of 10 years imprisonment.

A “sexual act” is defined under section 50C of the Act as sexual intercourse, an act of indecency, or any other act that a reasonable person would consider to be sexual. However, this does not include acts carried out for a proper medical purpose or acts otherwise authorised by law.

The Offence and Penalty of Beastiality in the Northern Territory

The offence of beastiality in the Northern Territory is outlined under section 208N of the Criminal Code Act 1983 (NT). The offence applies if a person is intentionally sexually involved with an animal. This offence carries a maximum penalty of 7 years imprisonment.

The meaning of “sexually involved with an animal” is defined under section 208GD of the Act as including acts such as inserting any part of the person’s body or a controlled object into the genitals or anus of the animal, engaging in oral-genital contact, or allowing the animal’s penis to penetrate the person’s genitals, anus, or mouth.

Beastiality Defences 

There are a limited number of defences available for a beastiality offence. In some States and Territories of Australia, as outlined above, the offence will not apply if the act was performed for a genuine veterinary, agricultural, or scientific research purposes.

The defence of ‘duress’ may also apply if a person undertakes acts of beastiality as a result of threats of harm made by another.

The consent or willingness of the animal to undertake the sexual activity is not a defence in any jurisdiction in Australia.

Is Watching Beastiality illegal in Australia?

Watching beastiality material is illegal because it will be considered as possession of beastiality pornography which is prescribed a penalty of up to 3 years imprisonment in NSW under section 547E of the Crimes Act 1900.

Here is more on sex assault laws in Australia.

By Jarryd Bartle and Jimmy Singh.

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