Whether bestiality is a felony or misdemeanor depends on the state: about 26 states classify a first offense as a felony, and about 23 start it as a misdemeanor that escalates to a felony with aggravating factors or repeat convictions. The conduct is a crime everywhere in the United States, but the identical act can be a low-level misdemeanor in one state and a years-in-prison felony across the state line. Federal law adds a separate layer when the conduct crosses state lines or occurs on federal land.
The State Split
Roughly half the states make a first bestiality offense a felony out of the gate. The other half begin with a misdemeanor and build in escalation triggers. A few states sit on the line, letting the classification move based on how badly the animal was hurt or whether other aggravators are present.
The statutory language varies. Some states have standalone statutes written specifically to address sexual contact with animals. Others fold the conduct into broader animal cruelty laws, and a handful still prosecute under older “crimes against nature” provisions originally drafted to cover a range of prohibited sexual acts. The name on the statute matters less than the class and penalty range attached to it, though the label can affect how prosecutors frame the charges and what they need to prove.
In the misdemeanor-first states, escalation to a felony on a second or subsequent offense is nearly universal. A repeat conviction triggers felony-level charges in most of these jurisdictions even when the underlying conduct is identical to the first.
What Pushes a Misdemeanor Into Felony Territory
Even in states where the baseline charge is a misdemeanor, specific circumstances move the offense into felony territory. These aggravating factors are where many actual prosecutions land, because the facts that bring a case to law enforcement often involve exactly these elements.
- Serious injury or death of the animal. When the animal suffers significant physical harm or dies, the charge typically jumps to a felony, and prosecutors often add a separate animal cruelty count that can carry felony weight on its own.
- A minor is present or involved. Committing the act in front of a child, or coercing a minor to participate, triggers some of the harshest penalties in any state’s bestiality statute. Several states automatically bump the offense up by one or more felony classes when anyone under 18 is involved.
- Filming or distributing recordings. Creating photographs or video of the act for sexual gratification can trigger separate felony charges at both the state and federal level. The federal PACT Act specifically reaches the sale and distribution of such material in interstate commerce.1Office of the Law Revision Counsel. 18 USC 48 – Animal Crushing
- Prior convictions. A second bestiality offense is charged as a felony in nearly every state that uses a misdemeanor-first approach. Some states also elevate the charge based on prior animal cruelty or sex offense convictions, not just prior bestiality convictions specifically.
Prosecutors have broad discretion in how they charge these cases. When multiple aggravators overlap, the charge can land at a higher felony class than any single factor would produce alone.
Prison Time and Fines on a Felony Conviction
Felony sentences vary enormously by state. On the low end, some states cap the sentence at one to three years. On the high end, maximum penalties reach 10 or even 20 years of imprisonment. Fines for felony convictions generally run from a few thousand dollars up to around $25,000, depending on the state and the felony class.
Courts in many states also order restitution. The convicted person must reimburse the costs of veterinary treatment, boarding, food, and rehabilitation for the animal. If the animal was seized and placed with a shelter or humane society, the defendant may owe those organizations for every day of care from the date of seizure through the end of the criminal case. Those costs often rival the fine itself.
Add-On Court Orders
A growing number of states authorize or require courts to order a psychological or psychosexual evaluation as part of sentencing. Some statutes make the evaluation mandatory; others leave it to the judge. Where ordered, the defendant must complete the evaluation and participate in any recommended counseling. Failure to comply typically violates the terms of the sentence and can trigger additional penalties or revocation of probation.
At least 39 states also allow or require courts to ban convicted animal abusers from owning, possessing, or living with animals for a set period after conviction. These bans typically run five years for a first misdemeanor offense and can extend to a lifetime prohibition after a felony conviction or a second offense. Some states impose the ban automatically; others leave it to the sentencing judge. Violating the ban is itself a criminal offense in most states that impose them, so a person who adopts or harbors an animal during the ban period faces new charges.
Sex Offender Registration
Whether a bestiality conviction triggers sex offender registration depends entirely on state law. There is no federal mandate. The federal Sex Offender Registration and Notification Act (SORNA) defines registrable offenses in tiers, and bestiality does not appear in any of them.2Office of the Law Revision Counsel. 34 USC 20911 – Relevant Definitions, Including Amie Zyla Expansion of Sex Offender Definition and Scott Campbell, Stephanie Roper, Wendy Victor, Donna Walker, Mary Ann Hawkins, and Al Snyder National Sex Offender Registry
Some states automatically require registration for anyone convicted of bestiality, placing the person’s name, photograph, and address on a publicly accessible database. Other states leave the decision to the sentencing judge, who may weigh factors like involvement of a child, prior sex offenses, or violence. A handful of states do not require registration for bestiality at all, regardless of the circumstances. Where imposed, registration brings its own set of restrictions on where the person can live and work, along with mandatory check-ins and the ongoing effect of a public listing that often outlasts the prison sentence by decades.
Other Charges Filed Alongside
Prosecutors routinely file additional charges to capture the full scope of the conduct. The most common companion charge is animal cruelty, which applies whenever the act caused the animal pain, injury, or suffering. Animal cruelty carries its own penalty range and may independently be a felony, so a defendant can face two felony charges from a single incident.
Other charges follow the facts. Breaking into a barn, stable, or fenced property to reach the animal can bring trespassing or burglary counts. An act visible to others can draw indecent exposure or public nuisance charges. When a minor witnessed or participated, child endangerment or contributing to the delinquency of a minor charges are common additions.
Stacked charges give prosecutors leverage in plea negotiations and ensure that even if one count is reduced or dismissed, others remain. They also raise total sentencing exposure well above what the bestiality statute alone would suggest.
Federal Charges
The federal Preventing Animal Cruelty and Torture (PACT) Act, signed in 2019, makes it a federal crime to engage in “animal crushing,” a statutory term that covers sexual exploitation of animals along with other extreme cruelty. The law applies when the conduct occurs in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States. A conviction carries up to seven years in federal prison, a fine, or both.1Office of the Law Revision Counsel. 18 USC 48 – Animal Crushing
Because the federal statute requires a connection to interstate commerce or federal jurisdiction, most prosecutions still happen at the state level. The federal law functions as a backstop for cases that cross state lines or involve commercial distribution of recordings.
Service members face separate exposure under the Uniform Code of Military Justice, which has treated bestiality as a criminal offense since the 1950s. A court-martial conviction can result in a dishonorable discharge, forfeiture of pay, confinement, and reduction in rank.