Leslie Massey
In Australia, bestiality is illegal to produce and sell, and the Australian Communications and Media Authority (ACMA) will attempt to prevent it from being streamed. While it is not illegal to view such content, one can face prosecution for distributing it. Videos that depict sex with animals are refused classification (RC), meaning that they are technically considered ''prohibited' and the ACMA must act upon them if reported. However, it is not against the law for an individual to access and view RC videos online, provided they are alone in a private setting. Laws vary by state and territory, and in New South Wales, one can be charged for viewing bestiality content.
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What You'll Learn
Bestiality is illegal to produce and sell in Australia
The possession of bestiality content is also illegal in Australia. While simply viewing bestiality content is not explicitly illegal, the ACMA must act upon reported cases of prohibited content to ensure it is not hosted or made available in the country. This means that while individuals are generally not prosecuted for viewing bestiality content in a private setting, they can face legal consequences for distributing it.
Bestiality is often illegal under animal abuse laws, as it involves the abuse of a party that cannot consent. In Australia, the Crimes Act forbids someone from committing an act of bestiality but does not explicitly criminalize watching such material. However, the classification board refuses to classify bestiality content, making it illegal to sell, hire, advertise, or import.
In New Zealand, the 1989 Crimes Bill considered abolishing bestiality as a criminal offense and instead treating it as a mental health issue. However, this proposal was not implemented, and bestiality remains illegal in New Zealand. Under Section 143 of the Crimes Act 1961, individuals can be sentenced to up to seven years for animal sexual abuse, with the offence considered 'complete' upon 'penetration'.
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It is not illegal to view bestiality in Australia
While bestiality is illegal across Australia, it is not illegal to view it. The Australian Communications and Media Authority (ACMA) will attempt to prevent it from being streamed, and it cannot be sold, hired, advertised, or legally imported into Australia. However, you cannot be prosecuted for viewing it, but you can face prosecution for distributing it.
In New Zealand, the 1989 Crimes Bill considered abolishing bestiality as a criminal offense and instead viewing it as a mental health issue, but they did not, and people can still be prosecuted for it. Under Section 143 of the Crimes Act 1961, individuals can serve a sentence of seven years' duration for animal sexual abuse, and the offense is considered 'complete' in the event of 'penetration'. As of 2023, bestiality is illegal in 49 U.S. states.
In many parts of the world, bestiality is illegal under animal abuse laws or laws dealing with sodomy or crimes against nature. Three key terms commonly used in this context are zoophilia, bestiality, and zoosexuality, which refer to a sexual fixation on non-human animals, sexual acts with non-human animals, and sexual interest in non-human animals, respectively.
It is important to note that laws vary by location, and while it may not be illegal to view bestiality in Australia, it is generally considered unethical and inappropriate.
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It is illegal to distribute bestiality content in Australia
In Australia, bestiality is illegal to distribute but not to view. While the Crimes Act forbids someone from committing an act of bestiality, it does not legislate against watching such material. However, bestiality videos are refused classification by the Australian Classification Board, which means they cannot be sold, hired, advertised, or legally imported into the country.
The Australian Communications and Media Authority (ACMA) will attempt to prevent bestiality content from being streamed and will take action if such content is reported. While it is not illegal to view bestiality content in Australia, it is illegal to produce, sell, and distribute it. Those who distribute bestiality content in Australia may face prosecution.
In New South Wales, a lawyer confirmed that it is unlawful to watch bestiality videos in the state, and charges can be pressed for such offences. However, laws vary by location in Australia, and it is important to refer to the specific legislation in each state or territory.
Bestiality is illegal in many parts of the world, including 49 US states as of 2023, and it is often prohibited under animal abuse laws or laws dealing with sodomy or crimes against nature. In some jurisdictions, accessing or possessing illegal pornography, including bestiality content, can lead to criminal charges.
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Bestiality is considered objectionable material in New Zealand
In Australia, bestiality is illegal to produce and sell, and the Australian Communications and Media Authority (ACMA) will attempt to prevent it from being streamed. While viewers cannot be prosecuted for watching, they can face prosecution for distributing it. Videos that depict sex with animals are refused classification (RC) and are considered prohibited content.
In New Zealand, bestiality is also considered "objectionable material". Under the Films, Videos, and Publications Classification Act 1993, bestiality is mentioned in Section 3(2)(e) as a publication that is deemed to be objectionable if it promotes or supports bestiality. Objectionable content—including text, video, images, and audio—is banned by law in New Zealand, making it illegal to view, share, or create. The term "objectionable" is defined in the Act as content that is likely to be injurious to the public good. The threshold for banning content is high, reserved for material so harmful that it has no place in society. This includes content that promotes or exploits sexual violence, extreme cruelty, or serious criminal activity.
The New Zealand Customs Service deals with the importation of objectionable material, which is a prohibited import under the Customs and Excise Act 1996. The downloading of objectionable material from an overseas website is also defined as the importation of the material, making it illegal to possess such content. The Department of Internal Affairs carries out online investigations of people trading in objectionable material, primarily child pornography, and has prosecuted people who have possessed as many as 190,000 images.
While bestiality is illegal in New Zealand, charges from merely watching it are rare. However, it is important to note that accessing or possessing illegal pornography, including bestiality content, can lead to criminal charges in many jurisdictions.
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Bestiality is illegal in 49 US states
In the United States, bestiality is illegal in 49 states. West Virginia is the only state where bestiality is not outlawed. However, it is worth noting that the legality of bestiality is not controlled at the federal level. While many of these laws date back to the 19th century or earlier, there has been a recent trend of enacting bestiality laws, particularly as part of cruelty codes.
The legal consequences of bestiality vary across the 49 states where it is illegal. While almost half of the states categorize the crime as a misdemeanour, in some states, such as Kansas and Maine, it is considered a felony under certain circumstances, such as involving juveniles or having previous convictions. Furthermore, some states, including Arizona and Washington, mandate psychological counselling for those convicted under such laws. Recent laws also often include forfeiture of animals owned by the defendant and restrictions on future animal ownership.
The historical perspective on bestiality varies greatly. From depictions in prehistoric European rock art to the Middle Ages, where bestiality was punishable by execution. Today, bestiality is often considered under animal abuse laws or laws addressing sodomy or crimes against nature. The evolving view of bestiality as a criminal activity is reflected in the varying classifications and penalties associated with it across different states.
In Australia, bestiality is illegal across all states. Additionally, zoophilic pornography, which involves sexual acts with non-human animals, is also banned in certain states, such as New South Wales. While viewing such content may not be illegal in Australia, producing, selling, and distributing it is prohibited. The Australian Communications and Media Authority (ACMA) works to prevent the distribution and streaming of such content.
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Frequently asked questions
Bestiality is illegal across Australia, but there are no laws against watching it. However, it is illegal to produce, sell, possess, download, or distribute it. The Australian Communications and Media Authority (ACMA) will attempt to prevent it from being streamed, and it cannot be sold, hired, advertised, or legally imported into Australia.
Bestiality refers to cross-species sexual activity between humans and non-human animals. It is illegal in many places under animal abuse laws or laws dealing with sodomy or crimes against nature.
While there is no punishment for watching bestiality in Australia, the Australian Communications and Media Authority (ACMA) can request that the content be removed.
