Is Bestiality a Crime in Texas?
Most people assume something as disturbing as bestiality would already be illegal everywhere. But in Texas, that wasn’t the case until relatively recently. Now, it’s a felony offense with serious legal consequences, and it doesn’t take much to find yourself under investigation.
Whether you’re trying to understand the law, facing charges, or just need clear answers on a sensitive topic, this article explains how Texas handles bestiality cases from the legal definition to the penalties and what to do if you’re accused.
Texas Law on Bestiality
Bestiality is defined as sexual contact or conduct between a human and an animal. In legal terms, Texas refers to this as “sexual conduct or contact with an animal.” That includes not just the act itself but also involvement in promoting, recording, or profiting from it.
According to Texas Penal Code §21.09, bestiality includes the following behaviors:
- Engaging in sexual contact with an animal
- Causing another person to engage in such contact
- Recording, distributing, or possessing media of the act
- Organizing or promoting bestiality events
Texas officially criminalized bestiality on September 1, 2017, when House Bill 1087 went into effect. The law was signed by Governor Greg Abbott and came after increasing pressure to fill the legal gap. At the time, only a handful of states still lacked specific laws banning bestiality, and Texas was among them. Prior to that, prosecutors had to rely on animal cruelty laws to go after offenders, which didn’t fully address the issue.
Understanding the Shift in Legal and Public Attitudes on Bestiality
To understand why Texas finally passed a specific bestiality law in 2017, it’s helpful to look at the growing awareness of the connection between animal abuse and broader patterns of violence. Law enforcement agencies and mental health professionals began documenting what’s now referred to as the “violence link.”
In cases across the country, people arrested for bestiality were often found to be involved in other criminal behavior, including child pornography, sexual abuse, and domestic violence. A 2015 study published in the Journal of Interpersonal Violence noted that individuals who commit acts of bestiality are statistically more likely to offend against humans, particularly vulnerable individuals.
This growing body of research put pressure on lawmakers in Texas. The state’s existing animal cruelty laws (like Texas Penal Code §42.09) were too limited to address sexual exploitation involving animals. Prosecutors struggled to bring meaningful charges unless there was clear evidence of physical injury to the animal — which is not always present in cases of bestiality.
The passing of House Bill 1087 in 2017 wasn’t just a moral response; it was a legal correction. It gave prosecutors a tool tailored specifically to target this kind of conduct and helped Texas align with the majority of states that already had explicit laws in place.
Can You Be Charged Without Physical Contact?
Texas law is not limited to physical acts. You can be charged with bestiality-related crimes if you:
- Watch or distribute bestiality content
- Record or share videos or photos
- Host or organize events where bestiality occurs
- Coerce or force others to engage in the act
This broad scope is intentional. The law aims to eliminate all forms of participation — not just direct contact. Prosecutors can pursue these cases even when no physical evidence is found, as long as there’s credible digital or testimonial evidence.
Penalties for Bestiality in Texas
Under current Texas law, bestiality is usually charged as a state jail felony. That carries serious consequences:
- State jail felony: 180 days to 2 years in jail, plus up to a $10,000 fine
But in some situations, the charge gets upgraded to a third-degree felony, which is even more serious. This happens if:
- The act is committed in front of a minor under 18
- The person has a previous conviction for the same offense
- Serious bodily injury or death is caused to the animal
A third-degree felony can lead to 2 to 10 years in prison and/or up to a $10,000 fine
Also, a person convicted under this law must register as an animal abuser in some jurisdictions and may face restrictions on owning or living with animals in the future.
What Should You Do If You’re Facing a Bestiality Charge?
First and foremost: Do not try to handle it alone.
Because of the seriousness of the charge — both legally and socially — getting immediate legal help is critical. A criminal defense attorney can assess the case, protect your rights, and challenge any weak points in the prosecution’s evidence.
Also, avoid discussing the case with anyone but your lawyer. Even casual conversations with friends or on social media can be used against you in court.
Defense Strategies in Bestiality Cases
Every case is different, but some of the most effective legal strategies include:
1. Challenging the Evidence
Sometimes, what looks like incriminating media may not be what it appears. A defense lawyer may question how the evidence was obtained or whether it was misinterpreted.
2. Unlawful Search and Seizure
If police accessed someone’s private files or home without proper warrants, that can be a strong constitutional defense under the Fourth Amendment.
3. Mistaken Identity or False Accusations
Some cases involve ex-partners, feuding roommates, or disgruntled neighbors making false claims. Proving a motive to lie can turn the tide in a defendant’s favor.
Arrested? Don’t Plea, Call Me!
Facing a bestiality charge in Texas is not just a legal issue; it’s a personal crisis that can affect every part of your life. The law is strict, the penalties are severe, and the social consequences can be long-lasting. But a charge is not the same as a conviction. With the right defense strategy and legal team, there’s a path forward.
At Texas Criminal Defense Group, we understand what’s at stake. Our attorneys are experienced in handling complex and highly sensitive criminal cases, and we know how to fight for your rights, your freedom, and your future inside and outside the courtroom.