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Criminal offences relating to beastiality material are becoming more common in recent years with the advent of cloud-based file sharing and messaging services.

These types of offences trigger a visceral reaction with law enforcement and members of the public. Despite this, there have been a number of recent cases where these charges have been dropped or dismissed due to prosecutors being unable to prove, beyond reasonable doubt, that the accused had any knowledge of the material being on their devices.

You can read about some of those cases by clicking here.

For legal advice from an accredited specialist criminal lawyer, contact us on (02) 7804 2823 or by email: info@astorlegal.com.au.

What is Beastiality?

The legal definition of beastiality is engaging in sexual activity with an animal. In some States, the sexual activity must involve penetration for it to constitute a criminal offence.

Beastiality can be performed on any animal. This is different to animal cruelty offences which are limited to vertebrate species.

Is Beastiality Illegal in New South Wales?

Beastiality is a criminal offence in NSW pursuant to section 79 of the Crimes Act 1900 (NSW). The maximum penalty is 14 years imprisonment. What constitutes 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.

Is Beastiality Porn Illegal in NSW?

In NSW, creating, producing, disseminating, or possessing beastiality material are criminal offences under the Crimes Act 1900 (NSW).

Section 547E(2) of the Crimes Act 1900 (NSW) makes it an offence to possess animal sexual abuse material. This offence carries a maximum penalty of 3 years imprisonment.

Section 547E(1) of the Crimes Act 1900 (NSW) makes it an offence to produce or disseminate animal sexual abuse material. This offence carries a maximum penalty of 5 years imprisonment.

Section 547E(2B) of the Crimes Act 1900 (NSW) makes it an offence to possess animal sexual touching material. This offence carries a maximum penalty of 2 years imprisonment.

Animal Crush Material

Under Section 547E Crimes Act 1900 (NSW), it is an offence to produce, disseminate, possess ‘animal crush’ material. The maximum penalty for possessing animal crush material is 3 years imprisonment. The maximum penalty for producing or disseminating animal crush material is 5 years imprisonment.

Animal crush material is any image or video that depicts an animal being crushed, burned, drowned, suffocated, impaled, or otherwise killed or subject to serious injury. It must have an intention to excite or gratify a sexual interest, or a sadistic or otherwise perverted interest in violence or cruelty.

Defences to Bestiality Offences

Defences to beastiality offences are contained in Section 547E(3) of the Crimes Act 1900 (NSW) and include:

• If the accused 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 the material was received unknowingly and the accused took reasonable steps to discard it once they were aware of it;
• the material concerned was classified, whether before or after the commission of the alleged offence, under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, other than as refused classification (RC);
• the conduct engaged in by the accused was of public benefit and did not extend beyond what was of public benefit;
• If the material was for scientific, medical, or educational research that is pre-approved, authorised, or otherwise permitted under the law;

Can you Be Charged with Beastiality?

You can be charged with beastiality if there is evidence you have interacted with animal abuse material.

The most common way people are charged with beastiality offences is if police receive an alert that a particular IP address has accessed this material. This will generally trigger an investigation where police will often attend the residence of the IP address with a search warrant and seize all devices to determine whether beastiality material has been accessed.

If this occurs it is crucial to obtain legal advice and not participate in any interview or answer any questions police ask you. This is because police will attempt to conduct a recorded interview at the scene to elicit admissions. These admissions do not have to be limited to the material itself. It can relate to who has access to particular devices and passcodes to those devices.

If police issue you with a Digital Evidence Access Order (‘DEAO’) pursuant to Section 76AO of the Law Enforcement (Powers and Responsibilities) Act 2002, then you will be required to provide the passcodes and you must unlock your phone for police, along with any other devices they request.

Police do not always lay charges following the execution of a search warrant. They may take the devices for examination and lay charges at a later date. If this occurs, it is important that you have a bail application lawyer who can make a bail application for you in court, in the event police refuse you bail.

Is Beastiality Legal in Queensland?

Beastiality is a criminal offence in Queensland under section 211(1) of the Criminal Code 1899 (QLD), whereby a person who engages in “penile intercourse with an animal” is guilty of a crime. The maximum penalty is 7 years imprisonment.

Is Beastiality Legal in Victoria?

Beastiality is criminalised in Victoria pursuant to section 54A(1) of the Crimes Act 1958 (VIC), which makes it an offence to intentionally sexually penetrate an animal or cause or allow an animal to sexually penetrate a person. The maximum penalty is 5 years imprisonment.

The Offence of Beastiality in Western Australia

Beastiality is illegal in Western Australia under section 181 of the Criminal Code Act Compilation Act 1913 (WA) which criminalises sexual penetration or “carnal knowledge” of an animal. The maximum penalty is 7 years imprisonment.

Is Beastiality Illegal in South Australia

Beastiality is illegal in South Australia pursuant to section 69 of the Criminal Law Consolidation Act 1935 (SA) which criminalises any ‘sexual activity’ between a person and an animal.  The maximum penalty is 10 years imprisonment.

Is Beastiality Illegal in Tasmania?

Beastiality is illegal in Tasmania pursuant to section 122(1) of the Criminal Code Act 1924 (Tas). The maximum penalty is 21 years imprisonment.

Beastiality Laws in the Australian Capital Territory

Beastiality is a criminal offence in the ACT under section 63A of the Crimes Act 1900 (ACT), which makes it an offence to engage in a sexual act with an animal. A “sexual act” is defined in section 50C of the Crimes Act 1900 (ACT) as sexual intercourse, an act of indecency, or any other act that a reasonable person would consider to be sexual.

The maximum penalty is 10 years imprisonment.

Is Beastiality Legal in the Northern Territory?

Beastiality is illegal in the Northern Territory under section 208N of the Criminal Code Act 1983 (NT) which criminalises being intentionally sexually involved with an animal. “Sexually involved with an animal” is defined in section 208GD of the Criminal Code Act 1983 (NT) 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.

The maximum penalty is 7 years imprisonment.