"Bestiality" is the statute under the Texas Penal Code that criminalizes sexual conduct between humans and animals, including penetrative contact and fondling/touching, as well as observing, aiding, or permitting such prohibited conduct. This offense is categorized under the portion of the Texas Penal Code dealing with Offenses Against the Person (Title 5) and is further characterized as a Sexual Offense under Chapter 21. Texas's law against Bestiality is quite expansive, targeting a range of conduct that includes possessing or transferring an animal for illegal sexual purposes as well as organizing, promoting, or observing acts of bestiality. In all, §21.09, Bestiality, lists ten discrete criminal behaviors, all of which are punished at the same criminal level -- felony.
​
Bestiality is a deeply-entrenched taboo in America, and under §21.09, bestiality is illegal in Texas. Not only is it highly illegal to physically engage in sexual conduct with animals, it's just as illegal to watch someone engage in that conduct, induce or aid someone in engaging in that conduct, or allow someone to engage in that conduct on premises that you control. In this way, Texas makes it a crime to have even indirect involvement in someone else's sexual violation of an animal. If you're charged with Bestiality and the animal involved was seriously injured or died as a result of what was done to them, you're facing 20 years in prison -- even if you never touched the animal.
​
There is one particular defense to Bestiality listed under Texas law -- that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice. This means that conduct which is normally criminal in Texas, such as "insert[ing ...] any object into the [...] genitals of an animal," is legal if it's done in the normal context of ethically breeding animals or caring for them medically.
​​​​
​
​​​​​
CALL TODAY for a free case evaluation– always complimentary, always confidential.
​
If you've been charged with an offense under §21.09, Bestiality, you need an aggressive, strategic, and powerful Texas criminal defense attorney. Diablita Criminal Defense, PLLC will handle your case professionally and discreetly, crafting your strongest defense and fighting for you. Every day that your case sits without representation is a day that law enforcement officers, investigators, and prosecutors are building their case against you. Be proactive -- an early defense is a strong defense. Schedule your FREE case evaluation today and speak with the Devil. Don't wait! Get Texas’s top defense with Atty. Madolyn García Falone.
​
Texas Penal Code §21.09, Bestiality is defined as follows:
​​​​
(a) A person commits an offense if the person knowingly:
(1) engages in an act involving contact between:
(A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or
(B) the person's anus or genitals and the mouth of the animal;
​
(2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing;
​
(3) causes an animal to contact the seminal fluid of the person;
​
(4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice;
​
(5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4);
​
(6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4);
​
(7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4);
​
(8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control;
​
(9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or
​
(10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4).
​​​​Don't delay! CALL DIABLITA TODAY for a free case evaluation– always complimentary, always confidential. ​
​
​Texas's law criminalizing bestiality, §21.09, notes a single affirmative defense to charges brought under the statute:
"(c) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice." ​
​​
If you've been charged with an offense under Tex. Penal Code §21.09, Bestiality, there may be other defenses available depending on the circumstances of your case, including: expiration of the statute of limitations, insufficient evidence, or false/contradictory testimony.​ CALL TODAY for a free case evaluation.​​
​​​​
​
The "statute of limitations" is a time limit set by law that tells the government how long they have to charge someone with a crime. Charges filed after the statute of limitations has passed are generally subject to dismissal.
The limitations period for Tex. Penal Code §21.09, Bestiality, is 3 years.
Bestiality is classified in Texas as a 2nd Degree Felony, if the conduct occurred in the presence of a child younger than 18 years of age or the conduct resulted in serious bodily injury or death to the animal. Otherwise, Bestiality is classified in Texas as a State Jail Felony.​
​
Bestiality, when classified as a 2nd Degree Felony, is punishable by 2 -- 20 years in prison, and a fine of up to $10,000.
​
Bestiality, when classified as a State Jail Felony, is punishable by 180 days -- 2 years in jail, and a fine of up to $10,000.
​
​
​​​​​
CALL TODAY for a free case evaluation– always complimentary, always confidential.
​​​​
​
Probation may be granted to individuals who plead guilty or no contest to Bestiality under Tex. Penal Code §21.09. Additionally, judges may accept plea deals for deferred adjudication in these cases.
​
​
​​
AN IMPORTANT NOTE ABOUT COMMUNITY SUPERVISION
​
Texas law uses the term "community supervision" to describe standard probation as well as deferred adjudication.
Neither probation nor deferred adjudication "community supervision" is on the table for suspended sentences of over 10 years, regardless of what the offense is. Additionally, community supervision cannot be granted to any Defendant if it is shown that: (1) a deadly weapon was used or exhibited during the commission of the felony or immediate flight thereafter and (2) the Defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.a deadly weapon would be used o
​
Tex. Penal Code §21.09, Bestiality, is a registrable offense. Texas Bestiality convictions and other adjudications of guilt, including deferred adjudication, require 10 YEAR registration as a sex offender.
​​​
How does sex offender registration work?
In Texas, when someone is required to register as a sex offender, information about that person's identity, whereabouts, and conviction is posted on an online database that is searchable by the public.
​
Anybody can access the following information about people on the Sex Offender Registry:
​
-
Offender's name, including any aliases (alternative, false, or assumed names)
-
Offender's current address, as well as other known addresses
-
Details about the Offender's criminal conviction
-
Photographs of the Offender, to aid in recognition
​
Convicted sex offenders must abide by strict reporting standards, notice protocols, and other regulations regarding where they live, visit or vacation, and work. Sex offenders have an affirmative duty to register, update their records, and verify their information --- failure to do so can result in felony imprisonment for up to 20 years.
​
CLICK HERE TO LEARN MORE ABOUT SEX OFFENDER REGISTRATION IN TEXAS.
​
​
If you're accused of a sex crime requiring registration as a sex offender, you need an aggressive, proactive defense.
​​​​​​​
​
CALL TODAY for a free case evaluation– always complimentary, always confidential.
​
About la Diablita
Texas Criminal Defense Attorney Madolyn García Falone
Madolyn García Falone is a Texas criminal defense attorney and the Sole Managing Partner of Diablita Criminal Defense, PLLC. The principal office of Diablita Criminal Defense, PLLC is in Austin, TX.
Atty. García Falone practices in the Austin metro area (ATX) as well as the Dallas-Fort Worth metro (DFW). She practices in counties throughout Texas, including Travis County, Williamson County, Bastrop County, Hays County, Caldwell County, Blanco County, Burnet County, Bell County, McLennan County, Hill County, Ellis County, Tarrant County, Dallas County, Kaufman County, Denton County, and Collin County.
Atty. García Falone takes criminal cases throughout Central and North Texas, including Austin, Westlake, Lakeway, Cedar Park, Leander, Pflugerville, Round Rock, Georgetown, Belton, Temple, Waco, Dallas, Fort Worth, Arlington, Plano, Irving, and Denton.
